Ugly party wall/ extension boundary fall out

JJ1416

Any advice welcome .... it’s a little long winded but I will try and be to the point......
We planned a two story side extension to replace and build above our current asbestos garage which wall sits on top of a party wall separating my drive from the neighbours garden.
So my putter garage wall we agreed was the boundary. The wall it sits on a party wall so about 10cm there side is there’s.
I showed them the plans before submitting them to make them aware and the objected on the grounds that in the summer it would block approx one hours of sunlight that creeps in between our houses into there patio.
Also they felt it would devalue there house.
We proceeded regardless altered plans and sacrifices space on the build to try and limit the impact. They objected at every stage..... but it was passed and apron one year later we gined planning.
I employed a party wall survivor and paid for these to clear up the party wall matter...
£1000 and 4 months later at my expense my party wall matter as we will not be digging below foundations and no line of junction notice as its wholly on my land and a building ( my garage ) already occupies the space,
Gave them 2 weeks notice the garage was coming down by a approved contractor.... they demanded copies of the certificate prior warning so they could be present and told me I could not do it on a Sunday as that was not a working day and would inconvenience them.
After given them verbal warning via telephone and trying to reassure concerns surrounding the Asbestos and been told I had to give them written warning... he starts pulling the ivy he as grown on my asbestos garage in his shorts wearing a dust mask.
I got no warning verbal or written.
I asked him to stop as he was showering dust into my garage covering children’s push chairs etc.
He then dumped the asbestos covered ivy in the council bin and told me he had been advised to remove it by my party wall man in a email as it was trespassing and my party wall man did not stipulate he had to give us warning use protection or consult a professional so it’s basically our own fault if we got covered in dust.
Never the less the garage came down professionally yesterday Saturday ....
Then today Sunday ( a non working day) they start cutting in to the party wall to take it right up to the boundary so cut away there 10cm or so digging next to the party wall to insert fence posts... which will no doubt fall down in one week when I excuvate my footings.
I’ve had no notice no party wall notice regards the new fence.....
I suppose my main question is what do I do when the fence falls down next week???

AndyMc.....

You'll just have to make good any damage you do to his property.

hollydays

if their fence falls over and injures you once you dig the footings they will be responsible.

AndyMc.....

hollydays wrote: »

if their fence falls over and injures you once you dig the footings they will be responsible.

And they'd be negligent how?

Doozergirl

Commiserations.

Speak to your PWS. You do have the right to build there. If it were a fence there in the first place, you would remove it neatly and replace it afterwards, in line with the PWA.

Is your builder nice? Sometimes they can smooth the way. My husband is adept at dealing with potentially explosive neighbours. Builders can sometimes appear impartial (even when they aren't ) It takes patience though.

JJ1416

Thanks guys any advice welcome. Prior too this we were very good neighbours.
We have spoken in length before we started any works regards there concerns and I had stated that hopefully we wouldn’t but if we did upset there garden we would put it right. I just think it’s a little unfair that we have followed the PWA given them prior written and verbal notice of works and they have not returned the favour and built a fence knowing full well next week a trench will be dug at the side of it causing it to fall in. I genuinely don’t want any Ill feelings we are never going to agree they don’t want the extension, we do and I’ve stuck to the “laws of the land” so to speak and I can have one.
Even now I don’t want to dig a hole and damage the fence or leave there property open but I can’t see an aletetarive other than not to build and we have spent so much time and money already getting to this point due to there objections which they are entitled too but I think are unfair ( subjective I know)
So as long as I put the fence back in place it should be happy days???????

JimmyChanga

Whenever you're constructing a border wall/fence there is always going to be some interference with neighbouring ground. If it ever comes to anything to arbitrate, it can easily be seen that your neighbour's behaviour isn't reasonable.

Just keep it all calm as you are doing. This kind of person is looking for a ruckus. Don't give them what they want.

laidbackgjr

I assume the neighbour has built the new fence entirely on there land - in which case it sounds as if it's perfectly legal for them to do so.

When you are building on the party wall, it's up to you to come up with a build method that works, if you now need to change your build method due to the arrival of the fence, then that's your problem to resolve.

teneighty

JJ1416 wrote: »

So my putter garage wall we agreed was the boundary. The wall it sits on a party wall so about 10cm there side is there’s.

So are you saying the existing wall is a party wall built astride the boundary with the actual boundary line 100mm/10cm in from the neighbour's side?

I employed a party wall survivor and paid for these to clear up the party wall matter...
£1000 and 4 months later at my expense my party wall matter as we will not be digging below foundations and no line of junction notice as its wholly on my land and a building ( my garage ) already occupies the space,

So your Party Wall Surveyor has prepared a full Party Wall Award to raise or rebuild the existing party wall to construct the new two storey extension? I somehow doubt it is a full Party Wall Award as given the animosity between you and the neighbour I would be surprised if they agreed to a joint surveyor and £1000 sounds far too cheap.


After given them verbal warning via telephone and trying to reassure concerns surrounding the Asbestos and been told I had to give them written warning... he starts pulling the ivy he as grown on my asbestos garage in his shorts wearing a dust mask.
I got no warning verbal or written.
I asked him to stop as he was showering dust into my garage covering children’s push chairs etc.
He then dumped the asbestos covered ivy in the council bin and told me he had been advised to remove it by my party wall man in a email as it was trespassing and my party wall man did not stipulate he had to give us warning use protection or consult a professional so it’s basically our own fault if we got covered in dust.

I cannot see what this has got to do with the Party Wall Award or why you are getting upset about it.

Then today Sunday ( a non working day) they start cutting in to the party wall to take it right up to the boundary so cut away there 10cm or so digging next to the party wall to insert fence posts... which will no doubt fall down in one week when I excuvate my footings.
I’ve had no notice no party wall notice regards the new fence.....
I suppose my main question is what do I do when the fence falls down next week???

The neighbour cannot "cut into" a party wall without giving notice and get the necessary consent. You should get your Party Wall Surveyor to look in to this and advise accordingly.

I hate this ten character rule!

LandyAndy

teneighty wrote: »

I hate this ten character rule!

me2 .

societys_child

&me .