was going to sell my house but neighbours decided 2 build extention & wreckedmygarden

jamminjamaica

thanks. i really dont know what to do now. hubby is enjoying his ignorance. He is of the opinion that if everthing is not put right at the end he will take action then. I am the kind of person who likes to know exactly what is happening and why. i would be far happier knowing that the work they are doing will not affect my property. i am just getting more and more angry.

lestamunda

I would call your insurance company and check your legal cover - they should be able to cover the solicitor costs.

I had a right prat of a neighbour (still do!) who thought it OK to access my land. I verbally told him once that he was not allowed, he then did it again with a builder, this time I wrote him a letter.

Third time - solicitor (via home insurance) wrote and he has behaved ever since.

I would NEVER allow someone access to my property, unless they ask first and comfirm all damage will be rectified. If someone eneters without permission, they do not get access again - EVER!!!!!!!

Harsh, I know, but I had to learn the hard way (damaged fencing, damaged garden etc etc). Others don't give a toss about your property, only interested in their own gains..........although some are genuine!!!!

Ian_W

It was very rude and inconsiderate of your neighbours to start this work without consulting/informing you and on the face of what you've said you may have legal redress for transpass and damage to your property.

However, one of the first things you said was you were looking forward to selling your house. The law takes time, you'd be much better off talking to your neighbours letting them explain the plan, how long the work is going to take and what further disruption, if any, you can expect. Seek some redress for the damage they've done and see if you can live with the result of the discussions. Lawyers = time + money + delay in putting up for sale. Oh, and BTW during the sale process you will be asked in writing, if you have or have had any disputes with your neighbours? Answer falsely and you can be sued, answer truthfully and how many prospective buyers are going to run a mile?

You've given your OH a real bad mouthing on here [such is a husbands fate in life] but you ought to calm down and listen to him. Then to-morrow calmly discuss it with your neighbours to try to resolve it amicably.

jackieb

Did you not get a letter from the council asking if you had any objections to the plans? I've got letters asking if I object to people across the road building a garage, and I can't even see it from where I live.

Has your local council not got a planning applications page where you can see everyone's plans?

Maybe there's just a lot more red tape in Scotland.

jazzyjustlaw

I must just add something.

If your neighbours were in your position what would they do I wonder?

Would anyone in their right mind do what they did? I would not dream of entering someone else's garden unless it was an emergency such as a house fire!! I would have asked beforehand. If the answer was no I would have sought legal advice myself not just flamin gone ahead.

The freeholder to my flat put scaffolding outsider and got plaster on my windows a few years back and its still there - no warning and no its not a big thing but even that was rude.

mdean

Ian_W wrote:

It was very rude and inconsiderate of your neighbours to start this work without consulting/informing you and on the face of what you've said you may have legal redress for transpass and damage to your property.

However, one of the first things you said was you were looking forward to selling your house. The law takes time, you'd be much better off talking to your neighbours letting them explain the plan, how long the work is going to take and what further disruption, if any, you can expect. Seek some redress for the damage they've done and see if you can live with the result of the discussions. Lawyers = time + money + delay in putting up for sale. Oh, and BTW during the sale process you will be asked in writing, if you have or have had any disputes with your neighbours? Answer falsely and you can be sued, answer truthfully and how many prospective buyers are going to run a mile?

You've given your OH a real bad mouthing on here [such is a husbands fate in life] but you ought to calm down and listen to him. Then to-morrow calmly discuss it with your neighbours to try to resolve it amicably.

I think this post gives very good advice ---if you are going to sell the last thing you want is to have to declare a petty dispute with neighbours about a drain.

I think you need to do a bit more fact finding

1) record what is happening - photograph the work/ damage - and who is doing it.

2) Check the deeds re access to drains- Council / Water co might be able to help.

3) check back through what you were told on purchase. What did the water search say about access to this drain - it may well be a shared facility and your neighbours are within their rights.

4) If this planning application was made before your purchase your solicitor should have spotted it - maybe redress

It seems to me negotiation is more likely to achieve your objectives

fsdss

when we had an extension to our detached house last year, we had to serve a party wall notice to our neighbour, as the extension (including laying 2 drains) came within 2(?) meters of their garden shed. a solicitor or surveyor could do this

if this was happening to me i would visit neighbour and express your feelings of shock and upset (without getting angry), as you had planned to market the property this month.

it sounds as though they have access rights to the drainage system, however, i think that they still need your permission to enter your property (which you cannot deny them) however this is access is usually to repair / maintain and usually not change the use of. i think i would telephone the solicitor that dealt with your house purchase, they shouldn't charge you as you have already paid them to find out this information in the first place. hope this helps

Poppy9

I think you were quite correct to ask them to stop. I don't think you have bad mouthed your OH you've just stated his opinion. Your neighbours obviously don't care too hoots about you or they would have had common courtesy by knocking on your door to explain what they were going to do and the impact it would have on you. My neighbours think they've a God given right to do anything they want without notice to neighbours. Their builders have dropped all sorts of rubble including nails and broken glass onto our patio while working on next door. They even started using an a stone grinder which produced a mass of dust while the neighbour the otherside brand new Jag was parked on the drive. Didn't give too hoots about the stone dust falling on the car. For all this when we've had any work done my OH has gone to tell them when it will be happening. He's even hosed down their dining room roof to remove any dust. They don't extend the same courtesy to us though. They know my OH works nights and has to sleep in the day but they seem to delight in making excessive noise from drilling, hammering and sanding all day long for weeks on end. I honestly don't know what else they can do to their house.

Anyway back to your problem. On Monday

1. Go and visit the planning dept. Should be open at 8.30am. If you don't understand the plans ask for help. There should also be a building inspector on duty. No building work can go ahead without following building regs. He/she will tell you about the drains.
2. Ring your Water board. Ask them about the drains too.

If after this your position is clearer then consider your action. If you are obliged to give access then yes, they should give written notice under the party wall act but you have to decide whether you feel this necessary. You do however want in writing from them that they will make good all damage caused to the appropriate standard. If the hedge cannot be made good you are within your rights to ask them to put up fencing to regain your privacy.

If however you do not appear to have to grant them access you can just tell them verbally or give them a letter written by yourself. If they decide to take legal action only then would you need to engage a solicitor. My guess is if you don't have to give access then they won't proceed with legal action. You still want them to make good the damage made to date.

Remember now you have refused them permission to enter your property if they do so and continue to work you can call the police and any damage caused will be criminal damage which is an arrestable offence.

With regard to declaring the dispute when selling I wouldn't worry about it. If I was buying a house and saw that the sellers had merely acted to protect their property it wouldn't bother me. I would only be cautious if it was bickering over parking, excessive noise, bonfires etc.

lush_walrus

jamminjamaica wrote:

I have come home today really annoyed.....

Husband and I were considering listing our house for sale and moving until i got home today to discover that my neighbours have decided that they are building an extention and to top it all off they have cut down part of our hedge, drilled a meter thick trench from their back door to our man hole in our backyard which cuts past my back door. the place looks like a building site and there are workmen in my backyard.

i am so annoyed as I spent the entire bank holiday weekend doing the garden planting shrubs and everything it a bloody mess. i feel like crying. i phoned the planning office today to enquire if they had planning permission and apparently it was approved in 2004 a few months after we moved into the house.

i feel like i have been invaded and lost all my privacy.

Have a look at this, its the Party Wall Etc Act which your neighbours should abide by it will explain the course of action that they should have taken, which clearly they havent. Im about to go out so I cant explain fully now, but if its not clear or you need help pm me and I can explain more to you.

http://www.odpm.gov.uk/index.asp?id=1131403

jamminjamaica

lush_walrus wrote:

Have a look at this, its the Party Wall Etc Act which your neighbours should abide by it will explain the course of action that they should have taken, which clearly they havent. Im about to go out so I cant explain fully now, but if its not clear or you need help pm me and I can explain more to you.

http://www.odpm.gov.uk/index.asp?id=1131403

does this apply to nothern Ireland?