Damage caused by neighbours builders

McTaggus

Hi All,

I'm hoping you might be able to provide me with some advice as to the best way to handle a situation involving an extension our neighbours are building. We have no issue with the extension being put in, but we're only on day 2 of building work starting and there have been a few issues that are a) upsetting me and b) I'm trying to work out how to handle sensitively so as to not sour relations with our neighbours.

Firstly, there (was) a 2m tall wall that separated our houses, which was put in when part of the land originally belonging to our house was sold by the previous owners so that next door could be built. This was in the 1970's. The wall is exactly on the boundary line, which I assume makes it a Party Fence Wall though this isn't specified in the deeds of either our property or theirs. Ownership of the wall also isn't indicated in the deeds, though both boundary lines are marked with a solid line indicating the dividing wall.

Question 1: Am I right that, although not documented, that if it does indeed straddle the boundary line then it is likely that this is a Party Fence Wall?

During the commencement of their building work, they needed to knock out a brick archway on my neighbours land, which adjoined the wall dividing the gardens. The builders did this with a digger (i.e. just kept bashing at it with the digger until it all came down). After they had cleared this, our neighbour called us round and said the builder had told them that the wall dividing the two properties was unsafe (the builder pushed and pulled it to show there was movement in it) and said that the wall would have to come down. Personally, I don't believe the wall was unsafe before the builder started attacking adjoined structures with a digger without supporting the connected wall, but the damage has been done now and the dividing wall has been taken down by the neighbours builders.

My neighbours are now saying that they will replace the wall with a fence, which we're not happy about as it has substantially changed the character of our property and garden, and at no time were we informed that the extension work that they would be doing would have any impact at all on the shared dividing wall. We want the wall re-instated, for a number of different reasons - security, aesthetics, privacy, etc.

Question 2: What rights, if any, do we have in relation to a shared dividing wall that has been removed, if indeed I'm right in assuming it is likely to be a Party Fence Wall? What liability sits where for a) not seeking consent for the removal, b) not providing notice of works that could affect the wall, and c) the costs for reinstating the wall?

We have asked the neighbours about the reinstatement of the wall and have offered (I feel generously) to share the cost of reinstatement with them. However, they are suggesting that as it is more than fencing costs, then they will contribute the cost of the fencing and we should pay the rest if we want the wall back. I'm guessing there's nothing we can do, apart from to try to negotiate, but if there's any leverage we can use that anyone could think of, that would be appreciated....

Question 3: Could the builders be held liable for the damage, given it was the removal of the adjoining wall that has caused the dividing wall to become unstable? That could sort the cost issue out.....

Finally, and this is more of a rant than anything, the builders to day decided they were going to start using our newly laid driveway as a spill over working area as the neighbours driveway is significantly smaller. So, today, there's a truck parked on it, mud and muck all over it, and our car is an absolute state. I'll be talking to the neighbours about it later, but I think it's already suffered permanent damage, which I'll be asking the neighbours to get the builders to put right at their cost......

Question 4: Just checking I'm not having a stupid moment, liability does definitely sit with the builders and not our neighbours, right?

I knew the building work would be disruptive, but sheesh.... if this is only day 2, I dread to think what the next 2.5 months are going to bring....... :mad:

Thanks in advance for any help or guidance

McTaggus

Aylesbury_Duck

Oh dear.

In my opinion, the neighbour is responsible for reinstating the wall if you are sure you owned it. If you didn't own it and it was built and paid for by your neighbour's predecessors or the people that built the newer house, then it's a little more complicated and a fence may be a suitable way of marking the boundary. If that's the case, there's nothing stopping you from building your own 2m wall just inside the boundary (well, it might require planning consent at that height I suppose), but I don't see that you can enforce payment for a new wall.

As to the mess and damage to your drive and car, liability rests with your neighbours because they contracted the builder. It will probably be quicker to claim from the builder's insurance though.

McTaggus

Oh dear, indeed Honestly, I feel like a cross between my mother-in-law and Trump with all of this talk of walls.....

In which case, maybe I'll just have to bite the bullet and take their offer as it currently stands and fund the difference as I don't have any record of who built the wall originally unfortunately

Thanks for your thoughts and quick reply, it's appreciated

Doozergirl

If it is a party wall then they should not have touched it without a party wall agreement. If the archway was projecting from that party wall, ditto. They should not have touched it without an agreement - the reason being what has happened!

I suggest you contact a party wall surveyor and establish your exact rights, because the extension itself (and its position) is also likely to fall under the Act!

Ideally, that wall (or its replacement) could behave as the wall of the extension, which then allows you to build off it in future. Gaps aren't ideal when you are already attached.

It is your neighbour's responsibility. Not the builder.

Doozergirl

Phone a party wall surveyor right now. You can get this sorted but you need to move lightning fast.

If it is a party wall, your neighbour is entirely responsible directly for the cost.

McTaggus

Thank you Doozergirl, greatly appreciated!

I have just gone back to the original detailed chartered surveyors report from when we bought the house two years ago (why I didn't think to check sooner escapes me), and he has clearly stated that it is "a party fence wall astride the boundary, in good and sound condition, with no sign of movement or misalignment. It is straight and correctly aligned and presents no concern."

The extension they are building doesn't connect to the shared wall, it connects to the back of their house. The shared wall runs (well, ran) down the side access between our garden and their property, though within about a metre or so of where they are digging foundations currently.

I will certainly call, though likely tomorrow as I'm still stuck in the office, to get clarity on our rights. I don't want to get litigious with them if it can be avoided though, and would rather try to sort the issue out amicably over a cup of tea (if we do indeed have a right to try to sort it out favourably!).