Neighbours greenhouse base interfering with my building

keystone

Hyphae wrote: »

Actually, if it's acting like a party wall he is

Either it is or it isn't. Sorry buts what's this "acting like" stuff?

Plus the fact that there were no objections when it was first done doesn't help!

Assuming he knew about it which it seems he didn't.

Dialogue will no doubt solve this issue for the best

Most sensible piece of advice yet written.

Cheers

Hyphae

The discussion was about the garage wall, which needs replacing...it is a party wall by definition. However, since presumably the Garage is on land owned by the garage owner (hopefully) the good news is only the part of the wall of the garage with the Greenhouse attached is covered by the Party Wall Act.

When I mentioned fences, I meant Party Fence walls (as opposed to the timber and posts type)- sorry for not being specific here

There has also been no trespass, unless the greenhouse is built on land owned by the garage owner.

Although what you say about the Act containing no enforcement procedures for failure to serve a notice is true, if you start work without having first given notice in the proper way, Adjoining Owners may seek to stop your work through a court injunction or seek other legal redress.

The Building Owner is also responsible for making good any damage caused by the works or must make payment in lieu of making good if the Adjoining Owner requests it.

By talking to your neighbout about replacing the garage wall and then serving appropriate notice, you will then get written consent and avoid the need for injunctions etc; also, you will avoid 'going into dispute' if your neighbour objects- this would mean you would need to employ the services of a 'Agreed Surveyor' (£££) to draw up an 'Award' for both parties.

keystone

Hyphae wrote: »

There has also been no trespass, unless the greenhouse is built on land owned by the garage owner.

Yes thats precisely my point.

By talking to your neighbout

Precisely and thats where your sentence should end IMHO.

Cheers

Hyphae

It would be remiss to suggest that proper notice and written consent is dispensed with. These protect both parties in the case of dispute, or in the case of future dispute.

Your opinion, in this case, is not good advice.

ROY47

If the person living behind me had built a greenhouse onto the back of my garage which is correctly built on my land ,and my garage had to come down

1. knock neighbours door and explain problem If they argue or complain walk away

2. knock garage down

3.clear up rubble and admire their 3 sided greenhouse

4. argue about party wall ? NO

tough luck on them

keystone

Hyphae wrote: »

It would be remiss to suggest that proper notice and written consent is dispensed with.

and where have I suggested that pray?

Your opinion, in this case, is not good advice.

My opinion is that they should talk first. We do not know the facts of the matter, for example the question of trespass has not been addressed at all by the OP since it was raised. Your advice to jump straight in and line the pockets of surveyors, perhaps unecessarily, is premature and over the top in my opinion.

Cheers

mikey72

ROY47 wrote: »

If the person living behind me had built a greenhouse onto the back of my garage which is correctly built on my land ,and my garage had to come down

1. knock neighbours door and explain problem If they argue or complain walk away

2. knock garage down

3.clear up rubble and admire their 3 sided greenhouse

4. argue about party wall ? NO

tough luck on them

5. pay out to the no win no fee lawyer they hired and make good the damage you have caused.

mikey72

WLM21 wrote: »

The garage is really my father's but he has Alzheimer's now, so I have Enduring Power of Attorney to help.

The garage is not next to my father's house .. he bought it well over 30 years, for my mother's car.

The owner of the greenhouse has a large garden behind it, but would have had no idea who owns the garage. Although his garden is very large, he has decided to built a lean to against the rear wall of the garage, facing east, rather than on his house, which would face north

Nobody would have known it was there ... it was only because I was on the roof, making a temporary fix to the roof of the garage as it was leaking, that I saw it. I hadn't been in the garage, for probably 20 years, but when clearing it out, noticed the leak, which was why I was on the roof.

The greenhouse looks quite new ... and certainly has been erected since dad bought the garage

Have you spoke to the owner yet?
Is it possible your father actually gave him permission to build the garage previously?

ROY47

mikey72 wrote: »

5. pay out to the no win no fee lawyer they hired and make good the damage you have caused.

what damage have I caused ?

Oh, I see now you mean the one to my own property by knocking MY garage down

If the people behind have built on to MY wall without MY permission it's me who should be contacting a no win no fee lawyer for the stress they have caused to me by worrying about how they will be if I knock MY garage down

still say it, tough luck on them !

keystone

mikey72 wrote: »

Have you spoke to the owner yet?
Is it possible your father actually gave him permission to build the garage previously?

Did you mean "...... gave him permission to build the greenhouse....."?

Cheers