Party fence neighbour dispute cheapest solution

kuepper

Have a problem neighbour and an issue I mentioned in another post http://forums.moneysavingexpert.com/showpost.php?p=63776209&postcount=6 has become a bit of a crisis

I reported his unauthorised excavations for an extension to the council and a couple of weeks ago they told him to apply for planning permission but he's not yet done so but at least he stopped the work continuing (so far). Unfortunately his deep excavation near the party fence must have undermined the integrity of the vertical supporting concrete poles - which the horizontal concrete fence sections slot into - and early this morning they mostly collapsed into his excavations (or he's just bloody mindedly brought them down) and so there's little left standing between the houses beyond what we had screening the concrete fence.

I asked him to put it back up as he's created the problem and he's refused. Anyone had a similar problem and what is cheapest way of sorting it? I can't think of anything else to do but see a solicitor but god knows how much it could end up costing.

stef73

Do you have legal cover with your house insurance?, or if you are a member of a union ask the head office about legal advice.

I_have_spoken

Ring the bizzies, could be criminal damage.

You'd be best speaking to a solicitor who is familiar with party wall law as you'll likely be sending a 'letter before action' insisting he pays for repairs.

Has he served you a party wall notice? Regardless, I'd inform neighbour you're appointing a party wall surveyor and will be expecting him to pay the fees or you'll apply to Court for repayment.

Norman_Castle

As he appears to be a problem neighbor who is now responsible for replacing the boundary wall you should mark its position and take measurements and photographs of its position. Make it obvious to him you have done this.

kuepper

I_have_spoken wrote: »

Ring the bizzies, could be criminal damage.

You'd be best speaking to a solicitor who is familiar with party wall law as you'll likely be sending a 'letter before action' insisting he pays for repairs.

Has he served you a party wall notice? Regardless, I'd inform neighbour you're appointing a party wall surveyor and will be expecting him to pay the fees or you'll apply to Court for repayment.

can you explain why it could be criminal damage? never heard of party wall law, many thanks, googled and found article about it with links http://www.theguardian.com/money/2013/mar/14/home-extensions-plans-party-wall

I_have_spoken

can you explain why it could be criminal damage.

Yep, he's damaged property belonging to you as a result of reckless action in undermining the wall. He may not have intended the wall to fall down, but is still culpable as it was unreasonable to take the risk.

ValHaller

kuepper wrote: »

can you explain why it could be criminal damage?

While it may be plainly gross negligence - which is civil - it will require some substantial proof to turn this into a criminal matter.

kuepper

he has now applied for planning permission for the extension that the excavations are for, does anyone know if the planners will require him to enter into a party wall agreement ?

mandm65

kuepper wrote: »

he has now applied for planning permission for the extension that the excavations are for, does anyone know if the planners will require him to enter into a party wall agreement ?

Planners wont get involved in the PW agreement but you can. If your neighbour has applied for the PP, its likely that you get a letter from the PW agreement firms soliciting for the business. You can respond to the letter, if not you can appoint a PW surveyor and your neighbour will be expected to fund the cost.
HAH
Good luck

patman99

It could actually be his fence he has undermined. If you stand with your back to the road, the fence on the right is yours & the fence on the left is his.

TonyMMM

patman99 wrote: »

It could actually be his fence he has undermined. If you stand with your back to the road, the fence on the right is yours & the fence on the left is his.

No it isn't ... yours could be either side, both or none at all. There is no fixed rule.

You have to check the deeds of both properties to see what is says about maintaining boundaries - and even then fence ownership may depend on who paid for it to be erected and on whose land it stands.