Ugly party wall/ extension boundary fall out

pimento

Yeah .

JJ1416

Thanks guys appreciate the advice sorry.... if I’ve been unclear.... on the deeds it was stated the wall.... was a party wall so I advised by the planing office to seek PW advice....
During the process because my extension is to be built wholly on my land and we were not excuvating below AO foundations it was deemed not be to a party wall matter.
How ever I still gave common curtesy written and verbal warnings about my planned work.
I’m probably just a little bitter they have not done the same and informed us of there intentions to build the fence...which yes they are fully legal to do.
I was after some clarification on where I stand should there new fence collapse when I dig my foundations for the extension planned wholly on my land. We both have the right to put things on our own land. I’m just concerned that the new fence they have thrown up may topple when I dig.
I don’t need to regig anything for the build it’s self.
I’m more than happy to reinstate it fully if this does happen just asking of other ppls experiences in the matter

Mistral001

They know the law and they hold all the cards it would seem.

If you damage their property when building your extension, they could sue for damages. They could also report you to the Health and Safety Executive if you make the fence unstable and risk it falling on someone. You cannot fix temporary stays to the fence to keep the fence stable while you carry out the work without getting their permission first and that will not be forthcoming going by what you say.

One option is to put in mini-pile foundations (small piles 100mm to 150mm diameter installed using low vibration techniques) This type of foundation can be built with little or no excavation to the ground required. It will add expense to your project as a specialist contractor will have to be brought in to do the work, but one of the only options open to you as far as I can see. Either that or build a normal strip foundation far enough from the boundary fence so that you do not risk damaging the fence through excavating beside it. Then use cantilever beams at ground level to span out over the ends of these cantilevering beams to support the new wall adjacent to the boundary.

Doozergirl

Mistral001 wrote: »

They know the law and they hold all the cards it would seem.

If you damage their property when building your extension, they could sue for damages. They could also report you to the Health and Safety Executive if you make the fence unstable and risk it falling on someone. You cannot fix temporary stays to the fence to keep the fence stable while you carry out the work without getting their permission first and that will not be forthcoming going by what you say.

One option is to put in mini-pile foundations (small piles 100mm to 150mm diameter installed using low vibration techniques) This type of foundation can be built with little or no excavation to the ground required. It will add expense to your project as a specialist contractor will have to be brought in to do the work, but one of the only options open to you as far as I can see. Either that or build a normal strip foundation far enough from the boundary fence so that you do not risk damaging the fence through excavating beside it. Then use cantilever beams at ground level to span out over the ends of these cantilevering beams to support the new wall adjacent to the boundary.

Talk about over engineering!

The Party Wall Act and most deeds allow people to carry out work on their own property and part of that, if something needs removing, is to put it back the way it was found.

They don't know the law, they are simply moving the goal (fence) posts to inconvenience the neighbours.

Removed correctly, nothing is going to get damaged, no can sue for damages that didn't occur and if the fence is removed then the HSE have nothing to be concerned about.

Even buying new fence panels is cheaper than hiring an SE and cantilevering foundations.

The law is on the OPs side.

teneighty

This just does not make any sense and the OP hasn't bothered to answer any of my questions so I will have one more try.

Where is this party wall? I assumed it was the side wall of the garage but I'm beginning to think it is a freestanding boundary wall.

Either way, if it is a party wall/fence the neighbour cannot cut in to it to fix fence posts without your consent.

I cannot understand why you are worried that when you dig out the foundation trench the neighbour's fence will collapse but what about the party wall/fence? Surely if the fence collapses so will the wall?

I originally assumed the extension was being built on top of the existing party wall. I now suspect you are building the extension near the party wall/fence and you are intending to demolish the party wall/fence. Could you clarify? You will need the neighbours consent before you do anything to the party wall/fence, they could certainly stop you from demolishing it.

-taff

There is no actual party wall, he's using it to mean boundary. So the new fence is being built somewhere along the boundary, not actually into a wall.

Doozergirl

-taff wrote: »

There is no actual party wall, he's using it to mean boundary. So the new fence is being built somewhere along the boundary, not actually into a wall.

The Party Wall Act covers structures, not just walls.

You don't need to be building at the exact boundary for it to apply either.

-taff

Just answering teneighty who is getting knickers in a twist about cutting into walls

teneighty

-taff wrote: »

Just answering teneighty who is getting knickers in a twist about cutting into walls

That would make sense. So we have a non existent party wall/fence and no building work that is subject to the Party Wall Act and yet they have still managed to pay a Party Wall Surveyor £1000 and fall out with their neighbour.

I'm beginning to feel sympathy for the neighbour.