Should neighbour have come through my side of wall?

TomsMom

Oh dear, I seem to have rattled Mr R. Sole's cage today .

I've been stewing over this all week and today, after someone I know walked past and said to the other neighbour "Blimey, have you seen what's been done to TomsMom's wall", I decided that he really should have asked if it was OK to knock through the rendering so I went round (with my son) to tell him I was concerned about what he had done. He told me it was a party wall and he could do it. I said if it's a party wall then he should have got in touch with me by letter asking if I had any objection. He said no he shouldn't.......... and so on.

He then invited us into his bathroom to show us how it the pipes went straight, by using a piece of wood, thus proving it was his wall. My son soon pointed out that it was definitely at an angle.

Then he started on about I've rendered over his part of the party wall, or my builders did, or the architect should have pointed it out. I told him the wall was rendered many years ago (could have been anytime between 1978 and about 1994) so he said that the previous owners should have got permission. He sort of contradicted himself there then, he didn't need to ask me but the previous owners should have asked the then cottage owner if they could render! I know the party wall act is from 1996 so I'm not sure whether what he said actually would have had any bearing at the time. Then BOOM..........

We were ordered off his property and we went round to the front to look at the walls so he could prove it was a party wall. He reckons that even though his property only adjoins mine at ground floor level that his party wall "right" includes my two upper floors as well.

Cue effing like I've never heard before, a volume I would never have believed could come out of a person's mouth, how he's never come across such small minded people, how the effing cow next door is trying to steal his piece of land - the bit of the footpath which I pointed out was public footpath but he denies this and says it is on his "lease" (but I think he meant deeds). I honestly thought his head was going to explode and by the colour of his face his blood pressure must have been sky high. I wouldn't have been surprised if he'd have dropped down dead from a heart attack on the spot.

Walking back round to the rear of the properties he was still effing away and my son asked him to stop swearing because my 9 year old grandaughter had come round while we were outside and was in the garden.

My son asked him to stop swearing and stop speaking over me. He wasn't giving me a chance to say anything, every time I tried he shouted over me. My son had to step between Mr R. Sole and me because he was acting quite threatingly at times.

Cutting a long and sad story short, my son rang someone he knows at the council (a building control officer who came when my house was being renovated) who told him that he most definitely should have written to me for agreement to do what he did. He also said that the police should be informed of the verbal abuse and threatening behaviour.

An hour later Mr R. Sole turns up at my son's house to apologise for swearing in the vicinity of my grandaughter "but that's all I am apologising for"! Before he locked up and left his cottage he made sure he turned his music up really loud and left it blaring away while he is out.

Well, Mr R. Sole, you might like to know that I have made an appointment to see my solicitor on Tuesday afternoon regarding the party wall and the fact that you've come through it without consulting me. I will also be mentioning your verbal abuse and threatening behaviour. Also my son is going to the police about your behaviour, there's no-one answering at the moment so he will be going round later. You lost your foul temper with the wrong person, I'm not so meek and mild as the other neighbour and I am very unforgiving. You really should have shown some neighbourly consideration at the start, because my answer would have been "That's fine, go ahead" but not now, if I can get those ruddy pipes taken out my wall then I will.

keystone

Good girl. Thats the spirit!

Oh and BTW he's gone off in one because you confronted him and showed you aren't prepared to be bullied. He knows he's in the wrong so thats his only defence.

Cheers

fudgecat

If he left loud music blaring and then went out, make a note of this (time and duration) and initiate a noise nuisance complaint with the council as well. They have the right to enter premises forcibly and remove the sound equipment. Make sure you push for this.

TomsMom

I've just got back from the police station (with my son) and the constable agreed that it was threatening and abusive, also leaving the music blaring while he was out was childish. The lovely PC Plod is coming round to have a word with the neighbour as the threatening behaviour was on a public footpath. I think Mr R. Sole may need some extra toilet paper tonight . You messed with the wrong person Mister!

TomsMom

fudgecat wrote: »

If he left loud music blaring and then went out, make a note of this (time and duration) and initiate a noise nuisance complaint with the council as well. They have the right to enter premises forcibly and remove the sound equipment. Make sure you push for this.

Duly noted. Thank you. I'm keeping a diary of anything that may happen now.

TomsMom

Just a little update for those who might want to know.

Mr R. Sole did have a visit from the police on the same evening as I reported him, the constable actually knocked another neighbour's door asking where the cottage was and she took him round to the gate. I don't know what was said to him but the constable asked me if I would be willing to speak to him again. I said no, nobody treats me like that and rages at me, it is absolutely unforgiveable and I never want to speak to him again. He said if there was a vital reason for him to speak to me (presumably about the property) then would I be willing if he was told he could only speak to me in a civil manner so I agreed to that.

Mr R. Sole has passed my son in the street and blanked him, I have not seen him other than he was in his garden but neither of us acknowledged each other, there has been no loud music since. Looks like the constable's words have sunk in.

He started work on making good the hole in the wall and this is how it stands at the moment







I would still prefer the pipes to come out. I shall see what the solicitor says tomorrow but I'm not hopeful of the outcome I'm wishing for. In any event I'm sure the solicitor will be writing to him and at least it should get the message across that I wont put up with his nonsense without a fight. The other neighbour is also seeing her solicitor on Wednesday so he will probably be getting a couple of letters within the next few days.

He's gone back home now, he's usually away for 2 or 3 days at a time, so it's all peaceful here.

southcoastrgi

really well done for sticking up for yourself, what can anyone say about that "making good" job, i hope he washed his hands after using his fingers to put that lot in.

TomsMom

southcoastrgi wrote: »

really well done for sticking up for yourself, what can anyone say about that "making good" job, i hope he washed his hands after using his fingers to put that lot in.

I'm sure that's just the first stage, just to show that he is going to do it. He told my son (before the explosion!!!) that he would do it on Friday and my son told him he wanted pebbles on as well, not just cement, and that he had to ask him for the paint. He actually did it on Saturday morning before he left so he probably was running out of time but may not have wanted our dispute to escalate by not doing anything and by just doing that he's showing willingness.

Of course, I am hoping that we can get him to take the pipes out altogether (but not really that hopeful) but I didn't want to ask him to stop doing the work because that would have kicked everything off again.

mikey72

There were 4 pipes in the original photo. 1 ended just inside the cavity. He appears to have cemented over it. It's worth finding out what it is.

TomsMom

mikey72 wrote: »

There were 4 pipes in the original photo. 1 ended just inside the cavity. He appears to have cemented over it. It's worth finding out what it is.

Yes, the other was the sawn off white one. We think this was just a bit of scrap pipe used to prop up something. Will check with my son as he looked through the hole in the wall from the inside as well when neighbour was trying to prove it had gone through his wall straight.