Boundary dispute

barvid

Hi,

Wondered what you guys might think of this?

Last September, our neighbours started to build an extension. We were kind of annoyed by it because they didn't even tell us it was planned (noise, dirt, disruption etc.) and started the work before seeking planning permission, so it was a surprise, but the biggest annoyance was that the builders thought it was fine to trample all over our garden (we're a semi). In fact, the first thing we knew of the extension was leaving for work one morning and finding a wheelbarrow of rubbish parked under the kitchen window and two builders on the lawn!

That was eventually resolved - the architect, of all people, told the builders to stay off our property.

However, the neighbours are now putting up a wall between the two front gardens. Again, no objection to the actual work taking place, but we came home from holiday last week to find a bucket of concrete on the front lawn (which I moved back onto theirs rather unceremoniously) and yesterday I came home from work to find a builder standing on our side again, laying bricks. I mentioned to him that he was standing on our property and he simply shrugged - "Well, I gotta be here" - and when I said it would be nice if we were asked for permission he said, "You weren't in." It got my back up, so I said, "I'm in now," and he just shrugged again and carried on, so I asked him to leave my property. Fifteen minutes later, he was still there. We were in the kitchen making dinner and he was standing on the other side, blatantly carrying on even though I'd told him to leave.

I don't think this is at all reasonable, and I put a letter through the neighbours' front door last night asking them to ensure that any workmen they have in future respect the property boundary. I added that we don't object in principle to people accessing our property if it's required, but we would like it if someone actually asks us first instead of simply assuming. I don't want to fall out with them (even though their *&%%ing dogs keep us up all night) and I don't actually object to any of the building work they're doing, just the couldn't-give-a-d*mn attitude of the builders.

Do you think this is reasonable of me, or should I have said nothing? Also, is this already at the sort of dispute level that has to be noted when we sell the property on?

Thanks!

cattie

You need to speak to the supervisor or boss of the building company & complain about their unauthorised use of your property.

I had a similar thing happen when my neighbours were having a lot of work done on their house last year. I'd turned a blind eye to the fact that they'd been mixing cement in a big bath like tub on my drive, but was livid when I found they had left big blobs of dried cement on the drive.

I had a word with the building supervisor when he came to check on progress & let him know how angry I felt. He arranged for someone to come & get my drive cleaned up that afternoon.

I certainly wouldn't have thought what you have going on at the moment a dispute of the kind that you would have to put down for information when selling your house. Your complaint is to do with the builders, not your neighbours. And as such is a temporary situation.

Addiscomber

No, not unreasonable at all. It is just symptomatic of the lack of manners in this country these days.

marybishop

Your neighbours are very lucky that you have been so reasonable - we have had clients with full blown party wall/boundary disputes for exactly this sort of behaviour. As OP said symptomatic of general attitude in this country today sadly.

olly300

barvid wrote: »

a wheelbarrow of rubbish parked under the kitchen window

That's worth complaining about.

barvid wrote: »

yesterday I came home from work to find a builder standing on our side again, laying bricks. I mentioned to him that he was standing on our property and he simply shrugged - "Well, I gotta be here" - and when I said it would be nice if we were asked for permission he said, "You weren't in." It got my back up, so I said, "I'm in now," and he just shrugged again and carried on, so I asked him to leave my property. Fifteen minutes later, he was still there. We were in the kitchen making dinner and he was standing on the other side, blatantly carrying on even though I'd told him to leave.

That's not.


If they are causing damage, obstruction or leaving dangerous things including piles of rubbish,sand, cement on your property then complain. If they are just accessing your property to do work then turn a blind eye even if you feel violent.

If you complain about access then the work will just take longer and cause you more disruption.

prudryden

Google the Party Wall Act of 1996. Your neighbour may be in violation by not sending you the plans and getting your approval for type of wall and materials. This notification has to be at least one month prior to the commencement of any work. This is not the normal council notification. The architect will know this Act and will advise your neighbour that you can put a stop to the work. I have just recently done this and, now, they are negotiating with me.

But, get some advice. Try www.Landlordzone.co.uk There are some very good lawyers on the forums.

devils_advocate

For boundary disputes, http://www.gardenlaw.co.uk/phpBB2/index.php is better than landlordzone, I believe.

prudryden

devils_advocate wrote: »

For boundary disputes, http://www.gardenlaw.co.uk/phpBB2/index.php is better than landlordzone, I believe.

The reason I suggested Landlordzone is that I know that there are some property lawyers, surveyors, etc. who actually will quote Act and Verse on the site almost everyday. One of the best goes by the username Jeffrey. I also believe he is on the committee of the website.

marybishop

If you go to the RICS website https://www.rics.org and look at Find a Surveyor, then look for one who specialises in Party Walls some of them give 30 mins free advice on the phone.

Conrad

I always think this before complaining or entering into disputes; Is it better to be right or better to be happy?

A damaged lawn / plants would be cause for concern. A builder standing on my grass would not. Taking issue with the latter like might be seen as control freakery.

The problem is people take offence from things others would not so you have to give and take.

For example - a neighbour of mine objected to fireworks as he said they upset his dog, yet he fails to recognise the offence he causes my children and I by him allowing his dog pooing in the lane where we walk.

I usually find those that take offence most readily also offend others the most - basically a lack of empathy and enlightement.

prudryden

Under the Party Wall Act 1996, you have a legal obligation to allow access to your property. In fact, they can break in if totally necessary. However, they still need to consult with you and show you the plans, what work is necessary and type of materials. They still need your agreement if it is in fact a party wall, which includes fences between boundaries. I am not an expert, and you should seek further reliable information. You may be in a position to demand that all work ceases.