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

missprice

NewShadow wrote: »

I'd probably wait till it was a reasonable hight, then pop out one night to see if I could carry out a controlled fall over/undermining.

If you can collapse it by leaning or pushing, it's obviously not safe and would need to be rebuilt in a structurally sound way.

If need be, this overnight undermining could be a recurrent issue. There may even be a grappling hook involved, or a small dog trained as a sapper.

I like this idea but as it would be doing the exact same thing he did to my fence, I would feel like I sank to his level. Saying that I have 2 dogs that need to learn a new trick.

Mojisola wrote: »

I would put your concerns in writing - keep a copy for yourself plus all the photos.

It will be much easier for the insurance company to pursue him if they can show he was negligent from the start of the work.

Would this not backfire on me? As in I knew it was shoddy work but did not stop it?

!!!!!! wrote: »

Good luck. When the neighbour finds out that he has to pay your PW surveyor around £1000 for commenting on a wall that costs about £300 he may well decide that he isn't going to bother and instead put a wooden fence up with concrete sections at the bottom. Outside PWA. Not the ideal retaining wall but similar worked before.

The PW surveyor will then probably come after you for his money as you have engaged him

Yeah I talked to PW fella today, nice bloke, told me I should have had notice a whole month before the work was started. Its too late now, I need to either hire a solicitor or learn a whole lot of law and find a shed load of money to start proceedings.

I have one last shot according to PW surveyor.
This retaining wall will from my side be 6ft or more, its possible it should need planning permission. Will try that in the morning.

Eta pics will have to wait til I find password for internet and transfer from phone

Mojisola

missprice wrote: »

Would this not backfire on me? As in I knew it was shoddy work but did not stop it?

You have tried to stop it but he has carried on with the work.

If the wall collapsed in the future and you were able to show that he knew that the work was substandard, he would be fully liable.

You could go for an injunction to stop the work completey - see a solicitor about that.

As you have dogs, you will have to find a way to keep them in the garden until it's secure again.

Rain_Shadow

missprice wrote: »

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.

that's true. I am having an extension built atm and it includes some garden walls. I was present for the first BC inspection (of foundations) and the BC officer specifically said to the groundworkers 'I'm not interested in the foundations, or any other aspect, of the garden walls'.

missprice

moneyistooshorttomention wrote: »

I guess you've googled for the technical info. as to how deep the foundations of a wall should be? Would be useful to do so if not...

no I grew up with a builder and I have some sense. These houses are all built on to a concrete float. I know this because of other walls been built around the rest of the gardens. If next door would just dig down a couple of feet from my garden level, they too would find the float and could build a lovely safe wall.

BC still don't care, even with the risk to neighbours extension. I am going to take loads of photos, write out exactly what should have been done. Give him a dated copy and when it falls down make him pay.
Cheers everyone, will still post up photos later tomorrow when I have time.

missprice

Hoping this link works.

Link deleted, no need for it now

These were taken this morning.
You can see that no footings at all have been dug. Think he is hoping that my paved ledge thing will hold up his wall.

To the left of the pics is my house, to the right is a shared drive and the house I share the drive with. In front is the new extension, that was built on piles.

Also I told him Monday not to attach the wall to my house in any way cos of damp proof course would be breached. Yet in the shuttering put up for cement/concrete there is nothing to stop it touching my house wall.
Just for info I live with OH in another house and my ( grown up) kids live in this house where the work is being done.

There are more photos from camera and phone yet to be hosted, give me some time cos am tech know nothing

phil24_7

The footings for that wall should probably be 400-500mm deep (from your level) by 400-500mm wide and blocks laid on their flat up until their floor level.

missprice

Added a cropped street view image to link above. Shows original fence, albeit over my wall.

Having problems editing out people in pics on phone. Will get there though.

stator

I can't believe it is so close to your house and he hasn't served a party wall notice.

I would definitely be getting a solicitor to file for an injunction

moneyistooshorttomention

Me - I'm now looking at that enormous great tree so near to a house (the neighbours' house I believe????).

He's certainly not the most safety-conscious person is he to do that?

missprice

moneyistooshorttomention wrote: »

Me - I'm now looking at that enormous great tree so near to a house (the neighbours' house I believe????).

He's certainly not the most safety-conscious person is he to do that?

Ah its a weird set up on that tiny estate. Is less than 30 houses in that style, but the hulking great tree is the awkward neighbours, neighbour. You can see it in one of the long range pics I took. You would have thought before they built their extension, they would have sorted the tree.

It was considerably smaller 20 years ago when I first lived there