HELP! Nasty neighbour won't pay

carpool72

Hello, I don't know if any of you can give me the benefit of your wisdom. We are having a problem with our neighbour (a private landlord) - the wall between our gardens fell down in February. I rang the landlord as it's a party wall and he was very dismissive and said that if it was down to him he wouldn't bother or would 'just bang a couple of fence panels up'. This wasn't what we wanted - apart from the fact that it wouldn't look very nice since the rest of the garden is walled, we value our privacy and have had problems in the past with the tenants who've had access to the garden next-door. We wanted what we had before, a nice high wall that gave us security as well as privacy, but since he was flatly refusing to pay for a wall I suggested we cost the price of putting up a fence and he give us 1/2 that amount. Then it was up to us whether we stump up the extra for a wall. He agreed, but when I rang back to say we'd costed a fence at £500 so could he give us £250 he tried to barter us down to £150 and we ended up saying £200 if my OH looked at mending a gate on his property. The gate actually needs replacing and will cost at least £50, leaving us with less than £150 contribution to this wall which actually cost £2000 (which we haven't got and had to borrow from parents) which doesn't even cover the damage done when the wall fell down on top of our patio set, plant pots etc. OH has just had a v nasty exchange in which the landlord threatened to put more dodgy tenants in the flats and I'm at my wits end. Can anyone give me any advice? Do we have a leg to stand on or should we accept whatever paltry sum he offers and leave it at that?

robnye

i am afraid you have limited rights in enforcing someone to replace a garden wall/fence

i am in the same situation. the back end of my garden had a wall on the border line...... this fell down two years ago, the neighbours refused to fix it, blaming it on us..... i broke the wall up into manageable bits a built a sort of rockery wall (due to their garden bed being 2 feet higher than mine) other wise we would have had a landslide....

i then said i would ge the wall replaced, would they contibute... htey said no....

so i am going to build a wall on my side of the border up to the 3 foot level as it was, then put a fence on top...... see how their plants grow with little sunlight...... at least i wouldnt have to put up with them staring........

Fyldaccy

Your thread reminded me of a recent letter in the Mail, I wonder if this may be of use ?

Neighbours' hell
NEIGHBOURS of the 9ftdinosaur in a back garden (Mail) should do as I did when I experienced problems and read a book entitled Gardens And The Law by Tony Blackburn.
Page 44 suggests that the dinosaur owner may be causing a `private nuisance': defined as `a continuous activity which constitutes interference for a substantial length of time by an owner or occupier of property to the use and enjoyment of a neighbouring propertY'.
This is actionable in the civil courts by the owner(s) or occupier(s) affected, and his/her legal remedy may be damages and an injunction restraining the activity complained of.
The complaining owners may also find they are insured on their home contents policy for any legal expenses incurred in taking their complaint forward.

grumbler

http://www.gardenlaw.co.uk/
good site and good forum

[Deleted User]

Have you checked your insurance? Mine (CIS) has a legal advice line, and latterly, covers me for legal costs too.

sunflower_2

carpool72 wrote:

Can anyone give me any advice? Do we have a leg to stand on or should we accept whatever paltry sum he offers and leave it at that?

if its all he is going to offer - then just take it

but dont do the gate !!

Tom_Jones

But who built the original wall ? if it was you then contact your insurance company, if it was the landlord then sue him for the costs through the small claims court.

If I was in the same position I would build a new fence/wall incurring all costs on my side of the wall and leave him to deal with the problem of the fallen down wall. I would not mend his gate.

bordercars

someone must own it , if it was a wall which side had the face bricks ( good side) and were there any piers in it if so on whose property the rough side of a brick and whoever had the piers usually own the wall and therfore are liable

trafalgar_2

It will say on the house deeds who owns it..............:D

alanobrien

trafalgar wrote:

It will say on the house deeds who owns it..............:D

Absolutely !
Take a look at your deeds, all the boundaries should be clearly marked and it should tell you which boundaries you are responsible for.

securityman

I was allways told that the right hand side is your problem.