UPDATE neighbour has removed my fence, what can i do?

missprice

UPDATE good news finally.

Dunno if someone told the neighbour from hell or if he just saw sense at last, but he called me today and asked me to go up and check the work so far.
Did so, wondering why, and footings have been dug properly, cementing was about to start as soon as I had seen it and the blocks will be laid flat. The wall won't touch my house but will be held by pins ( fair enough, the previous fence was too) the whole thing, whilst not fantastic is at least bearable now.

Maybe he saw me taking pics and thought better of doing a crap job? :rotfl:

Will be deleting link further down as no need for it now.

Thanks all, you were a great help and hope no one else has to put up with this, although as sure as eggs is eggs they will.









OK this has been rumbling on for awhile.

He told me couple of years ago he wanted a wall in place of the fence, I refused him because of his choice of workmen, ( useless ones normally), so anyway he has this Monday ripped my fence out and started on a " retaining"wall.

So the fence was holding up big slabs that held his garden from falling into mine.
The "builders" have just taken the whole lot away and put nothing at all in place.

They said they will build this retaining wall in a week.
They seem to have no idea how far down to dig to even start this wall.

Anyway as my fence is now gone, there is no point me fretting, but can I insist this retaining wall is done right?
Can I make him redo it if I know its badly done?
Do building control need to get involved?
If yes how do I make them do something, because they are truly uninterested at the moment.
Its a big mess and I don't know what exactly I can do

Or am I OK if I just leave him to it, let it fall, let his extension fall, and then make him clean it up and have a proper wall built?

Alfrescodave

Firstly - are you sure it is your fence and not your neighbours?
Secondly - have you discussed,recently, what he is planning to do?
Thirdly - would you not be better off having a wall rather than a fence?

Cisco001

Ask them to put back your fence on your land (if you own the fence), then they build the wall against it?

Also, check you deed to make sure they are building on their land, not yours

missprice

Alfrescodave wrote: »

Firstly - are you sure it is your fence and not your neighbours?
Secondly - have you discussed,recently, what he is planning to do?
Thirdly - would you not be better off having a wall rather than a fence?

Yes my fence and my boundary, the front of the houses is his fence and boundary.
Even checked the deeds again Monday night after the fence was pulled down.
Secondly, he said over the last 3 weeks he has knocked on the door and when no response just decided to go ahead and do it anyway.
Its not whether I have a wall or fence, although there will be issues with this wall as they have started already and they haven't even dug any footings, just poured 2inches of concrete, a wall would be much better than the fence but only if done properly.

Cisco001 wrote: »

Ask them to put back your fence on your land (if you own the fence), then they build the wall against it?

Also, check you deed to make sure they are building on their land, not yours

The fence has been deliberately broken up to make putting it back a non starter, yeah I did own the fence, checked deeds and they putting the wall exactly where the fence was.
All of this is not really an issue, I am resigned to losing the fence and having a wall built.

My questions are can I MAKE him put a proper retaining wall in, if not can i wait til it falls over and all of his garden is in my garden and make him do it right then
Can I get the council/building control/anyone to make him do it right this time instead of waiting til it falls over

moneyistooshorttomention

Your property does have a "right of support" for the land it is on (think that's called an easement?).

Suggest investigating that.

Maybe you need to keep your insurance company in the picture as well? - ie in case they have to get onto his insurance company to pay up for damage to your property.

SplanK

If you believe the wall is being built dangerously, then having a polite conversation with building control about it to see what they suggest may guide you in the right direction?


An incorrectly built wall is a dangerous thing...

missprice

SplanK wrote: »

If you believe the wall is being built dangerously, then having a polite conversation with building control about it to see what they suggest may guide you in the right direction?


An incorrectly built wall is a dangerous thing...

Agreed, but BC just say its a garden wall and not their problem. Have tried to get them to come out and see it but no luck.

If it was onto a public highway/path then I could get them to take it seriously.

stator

First of all if the fence belonged to you then you should consider reporting it as a crime.

Are they attempting to build the wall on your land? If so you need to inform the actual builders they are tresspassing and if they refuse to leave your land then you call the police.

Since he is building at the boundary of your property I believe you can still invoke the party wall act and he should have served a "Line of junction" notice? You might be able to hire a party wall surveyor and make him pay for it?

Poppie68

stator wrote: »

First of all if the fence belonged to you then you should consider reporting it as a crime.

Are they attempting to build the wall on your land? If so you need to inform the actual builders they are tresspassing and if they refuse to leave your land then you call the police.

Since he is building at the boundary of your property I believe you can still invoke the party wall act and he should have served a "Line of junction" notice? You might be able to hire a party wall surveyor and make him pay for it?

She wants the wall, she just wants to make sure it's built correctly.

G_M

What is a party wall?

The main types of party walls are:

• a wall that stands on the lands of 2 (or more) owners and forms part of a building - this wall can be part of one building only or separate buildings belonging to different owners
• a wall that stands on the lands of 2 owners but does not form part of a building, such as a garden wall but not including timber fences
• a wall that is on one owner’s land but is used by 2 (or more) owners to separate their buildings

https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance

FAQs

47 What happens if a Building Owner does not serve a notice as required under the Act?
Where work has begun without notice being given, an adjoining owner can seek to stop the work through a court injunction.

stator

Poppie68 wrote: »

She wants the wall, she just wants to make sure it's built correctly.

That's what the party wall act is for.
But it will seriously destroy your relationship with your neighbour (if it isn't already dead). Since he will have to pay for your surveyor.