Fence problem

keystone

On similar lines. If the founds for the extension are 3 metres or more laterally from the next door structure (which I have to presume will be the neighbour's existing extension in this case) than the neighbours PW Surveyor can concentrate his mind by doing the proverbrial up a stick because the PWA won't apply.

Cheers

SJshah

We have recently had the same problem, our neighbours refused the removal of the fence (which was theirs) and has caused problems. We also had a party wall surveyor involved (we were forced to pay four-figures for our neighbours one too) who basically took our money, and we haven't heard from him since. They have also been calling the police and the council, writing formal letters to the building inspectors asking questions about things that don't concern them. Overall, they have been a complete pain in the a** for us, the builders and the council.

Now that our extention has been completed, the building control inspector can't sign off our completion certificate due to the fence still remaining in-between the two extentions. He stressed that "it's your neighbours fault you have had these problems, that fence should never have been left in place".

Don't you just hate inconsiderate neighbours?



My suggestion would be to speak to your neighbour and come to an agreement as to how you are going to complete the work, even if you're not on speaking terms it's important that you explain to them that "the work will be completed faster and easier with their cooperation".

kellye14

keystone wrote: »

Because its been going on from the very moment he put foot on the premises and its just got too much? Agree though - not helping one iota. All its done is give this person next door confidence that they are winning!!

Cheers

Yes I agreed. The ppl next door said to us yesterday they are ok with most of our builders apart from the PM and they only instructed the party wall surveyer after the argument with PM so I do think the argument between our PM and neighbour costs us the party wall award!

keystone

kellye14 wrote: »

Yes I agreed. The ppl next door said to us yesterday they are ok with most of our builders apart from the PM and they only instructed the party wall surveyer after the argument with PM so I do think the argument between our PM and neighbour costs us the party wall award!

Not necessarily. What about the distance as asked about higher up the thread? Also I think you need to read up on what a Party Wall Award means and the role of the Surveyor in drafting it. Your last sentence implies you may not - apologies if I've read you wrong.

Cheers

kellye14

keystone wrote: »

On similar lines. If the founds for the extension are 3 metres or more laterally from the next door structure (which I have to presume will be the neighbour's existing extension in this case) than the neighbours PW Surveyor can concentrate his mind by doing the proverbrial up a stick because the PWA won't apply.

Cheers

our neighbour has their extension right up to the boundary line and their fence is attached to their extension. Our extension are only 20cm away from their fence. Our PM said is good practise to leave at least 10cm from the extension to the boundary line so their extension is too close. They also built a toilet on a shared driveway (on their half) which we are not sure whether they have the right to do so as our solicitor told us we can't build anything on our shared driveway.

Just wondering since we have already lay the foundation of our rear extension, can their surveyer say anything about that e.g ask us to rebuild it and make us compensate on the broken fence? Or because the foundation is done we don't need to serve PWA on this and just to the loft?

Thanks

keystone

kellye14 wrote: »

our neighbour has their extension right up to the boundary line=

So the foundations for their extension are already trespassing on your property.

and their fence is attached to their extension.

In which case the fence must be on your property and so is also trespassing.

Our extension are only 20cm away from their fence.

OK that rules my idea out then.

Our PM said is good practise to leave at least 10cm from the extension to the boundary line so their extension is too close.

Even thats too close - the foundations even at that distance must cross the boundary. I find myself wondering if they complied with the Act when they built their extension as well.

They also built a toilet on a shared driveway (on their half) which we are not sure whether they have the right to do so as our solicitor told us we can't build anything on our shared driveway.

No they can't. If the boundary is clearly shown on the plot plan as bisecting (for want of a better term at this time of night ) the shared area and the property deeds are clear that both parties have shared access over a shaded area which lies across the boundary then they are in the wrong if you are therefore denied access over that shared usage area .

Just wondering since we have already lay the foundation of our rear extension, can their surveyer say anything about that e.g ask us to rebuild it and make us compensate on the broken fence? Or because the foundation is done we don't need to serve PWA on this and just to the loft?

Don't forget that the PW Surveyor is not there to work for them. The PW Surveyor's (who doesn't have to be a Surveyor by profession) duty is to both parties equally. In reality you should have instructed one the moment the neighbour failed to comply with the 14 days response requirement to your Notice. In any event a Party Wall Award is NOT a financial award. Its a document which describes how the work is to be carried out lawfully and with minimum inconvenience to both parties. Additionally how can an Award be made after the founds have been poured. The most it can do is to say how your wall is to be built and if the majority of the said wall is to be built adjacent to their wall your builder has no choice but to build the outer leaf first so the position of the fence is irrelevant for that part of your wall which extends beyond their extension he can build that part in the same way - ie outer leaf first. Oh and you didn't say the fence was broken in that area you just said it had been removed. Replace the panel concerned now before the "Surveyor" appears on site. Lastly how do you know that what they said isn't just a bluff?

See what happens. I have a feeling that neighbour might yet end up with "omelette sur la visage" mainly because they don't have the nouse to actually think and although we are only seeing your side of the story the actions of the neighbour that you report give every indication of being vindictive and vexatious. I anticipate the smug look on their face being wiped off fairly quickly even if they won't admit it.

Your main concern is going to be that you will be responsible for their PWS's fees but it is part of the duty of your Surveyor to agree those fees.You should appoint your own if you receive a letter. You may even feel inclined to appoint the same Surveyor and thus be in a position to control the fees.

Cheers

PS Have a good read here as an example and do other research as well soon.

Blackpool_Saver

Gas fire cooker? do you mean a BBQ?

cyclonebri1

keystone wrote: »

So the foundations for their extension are already trespassing on your property.

here as an example and do other research as well soon.

But is it tresspass?
Doesn't the party wall act allow "adequate and substantial foundations" that may underlie the boundary?

Sorry it's non technical, but that phrase sticks in mind. It was actually you who pointed me in the right direction ie party wall act, when I had a retaining wall to build a year back, so not trying to teach granny to suck eggs;);). Just applied in my case with the wall, is it different for an extension in some way?

This whole thread just seams like another strike for the vultures that chase party wall cases

kellye14

Blackpool_Saver wrote: »

Gas fire cooker? do you mean a BBQ?

It's a cooker that has gas Hobs and link to a propane tank.

kellye14

The next door apponined surveyor is charging us £170 per hr + vat!!! Is there anyway we can get them find someone cheaper after they have appointed one?