Soil Pipe Trespass

Dickyp

That's the thing....the fact they won't provide any paperwork makes me question whether they even served the Party Wall notice or just shared the plans as they did with other neighbours...

G_M

Your first mistake (too late now but may help others) was to not insist on a Party Wall Agreement. The Party Wall Act is there to deal with exactly this sort of problem.

You need to take 3 steps:

1) get evidence. Photos of course, but probobly also a surveyor's report confirming the trespass and also that the damage was caused by the neighbour's works (they may claim it was nothing to do with them).

2) Get quotes for repairs to your roof (3 of them)

3) a formal "Letter before Action"
a) requiring payment of the amount in the quotes in 2 above, plus surveyors fee from 1 above
b) requiring removal of the pipe

4) Legal action to claim the money (+ costs) and to obtain a court order for removal of the trespass

Dickyp

G_M wrote: »

Your first mistake (too late now but may help others) was to not insist on a Party Wall Agreement. The Party Wall Act is there to deal with exactly this sort of problem.

You need to take 3 steps:

1) get evidence. Photos of course, but probobly also a surveyor's report confirming the trespass and also that the damage was caused by the neighbour's works (they may claim it was nothing to do with them).

2) Get quotes for repairs to your roof (3 of them)

3) a formal "Letter before Action"
a) requiring payment of the amount in the quotes in 2 above, plus surveyors fee from 1 above
b) requiring removal of the pupe

4) Legal action to claim the money (+ costs) and to obtain a court order for removal of the trespass

That's great, thanks G_M. Yes big mistake re the PWA. I've spoken briefly to a surveyor & lawyer - who haven't been on the roof but seen pics - and they agree it is trespass and the builders when installing the pipe could have damaged our roof.

Thanks again

phoenix_w

I think G_M has good advice, but before spending anything or having to spend a lot of time chasing people, go and tell your neighbours that's what you're going to do and give them the opportunity to put it right.

If you have discussions regarding this I'd suggest getting a little recording device or using your phone to discreetly record any conversations. Keep yourself calm during interactions. They will likely think they're in the right and that you're only trying to stir up trouble and "it's only a few inches/they saw the plans and even if it's not there it'd have been obvious/those roof tiles were like that before" and will likely tell you so, so try and remove emotion from the equation as it can cause a lot of trouble.

Dickyp

phoenix_w wrote: »

I think G_M has good advice, but before spending anything or having to spend a lot of time chasing people, go and tell your neighbours that's what you're going to do and give them the opportunity to put it right.

If you have discussions regarding this I'd suggest getting a little recording device or using your phone to discreetly record any conversations. Keep yourself calm during interactions. They will likely think they're in the right and that you're only trying to stir up trouble and "it's only a few inches/they saw the plans and even if it's not there it'd have been obvious/those roof tiles were like that before" and will likely tell you so, so try and remove emotion from the equation as it can cause a lot of trouble.

Thank you - I have given the neighbour the opportunity to fix the damage and remove the soil pipe in writing twice. The first response claimed harassment with a threat to call the police, the second, a very clear - 'the pipe is there to stay, we're prepared to let bygones be bygones, you should pay for the damage to your roof but you must let us know what you have done'!! Followed with a threat to legally seek damages from us!
I've been very calm and factual throughout but been met with a hailstorm of emotion and lies each time.

Thanks again

phoenix_w

I know what it's like - been there and done that. However I still don't think you need to shell out on surveyors before they cave in, if you show what your strategy is going to be I reckon it would give them a lot to think about - in my case (which was pretty similar - involved obvious encroachment of the neighbours' new extension) the legal team at my home insurer helped me to draft a pretty good "letter before action" which gave them two weeks to sort their stuff out and despite several days of bluff and bluster from them beforehand making outrageous claims, they caved almost instantly.

Dickyp

Really frustrating isn't it! I may try one more letter - the 5th - and see if that get's us anywhere. I'm also waiting on the council building regs to come back to me as the neighbours are adamant that they signed the work of and effectively ok'd the trespass and the damage!

Thanks so much for your input

dominoman

Dickyp wrote: »

Really frustrating isn't it! I may try one more letter - the 5th - and see if that get's us anywhere. I'm also waiting on the council building regs to come back to me as the neighbours are adamant that they signed the work of and effectively ok'd the trespass and the damage!

Surely building regs can't "OK the trespass and the damage". They're signing off that the work meets the standards set out in the regulations, but they wouldn't have any opinion or say on whether the pipe crosses into your space.

As you've already written 4 letters your next one needs to now follow the specific format and clearly state it is a Letter before Action. It's worth posting a draft here (with names removed) to make sure it is clear.

Mojisola

Dickyp wrote: »

Thank you - I have given the neighbour the opportunity to fix the damage and remove the soil pipe in writing twice. The first response claimed harassment with a threat to call the police, the second, a very clear - 'the pipe is there to stay, we're prepared to let bygones be bygones, you should pay for the damage to your roof but you must let us know what you have done'!! Followed with a threat to legally seek damages from us!
I've been very calm and factual throughout but been met with a hailstorm of emotion and lies each time.

Are you recording these conversations?

Dickyp

dominoman wrote: »

Surely building regs can't "OK the trespass and the damage". They're signing off that the work meets the standards set out in the regulations, but they wouldn't have any opinion or say on whether the pipe crosses into your space.

As you've already written 4 letters your next one needs to now follow the specific format and clearly state it is a Letter before Action. It's worth posting a draft here (with names removed) to make sure it is clear.

Thanks. Yes, that's what i thought. Will be interesting to see what the council make of their claims...
Will do re-letter, thanks again.