Neighbours installed windows into a boundary wall

cannugec5

I live in Scotland. Our property is enclosed by an old dry stone wall, except on one side where the boundary is the wall of the neighbours' house. We have lived here nearly 20 years and in all that time it has simply been a plain white painted stone wall without any openings. We had potted trees and flower tubs against the wall.

In March we were advised that our neighbours were replacing 3 velux roof windows with new windows in the wall directly looking into our garden. We had less than a week's notice of this happening. We know legally we have to permit reasonable access to maintain the wall.

Many other locals have expressed their horror at this development being permitted, so I searched for the planning applications online. I noted there that a 'building warrant' had been issued.

Having been advised by a local architect that these new windows are 'illegal' we went and had a meeting with the planning office after the first week of work. I took pictures of the work under construction to show him, and although he confessed that our village is not his responsibility he was surprised by the work. He said he would look into it. He actually told us he would not call it illegal, but certainly not legitimate (Semantics?).

After 48 hours we had an email from Planning Officer to say all was legal and above board. Planning permission was NOT required, and the Building Warrant would be issued on completion.

I have spoken to our neighbour as we are concerned the job is still not finished. She was surprised and admitted she has paid the final bill without coming round to our side to check the work. After that the guys came back and cleared up the tiles, ladders and other crap they had left around, but they have never painted the wall. We are left with two windows - alcoved so they sit back from the boundary, and greyed out for mutual privacy. But the newly plastered wall around the windows is grey and ugly.

We have learned there is a dispute between the neighbour and the builder about whether painting was ever a part of the contract - WHICH WAS NOT WRITTEN DOWN!

We are gutted that our garden is now so ugly. Today - yes 3 months later - we have moved our pot plants and trees back in front of the wall - the builders had promised to do that but never did ( just like they did not pick up rubbish and dog poo from their dog in our garden). We thought we were being kind by keeping the heavy pots out of the way of the painters, but now have given up hope. [ We are not understanding the logic of these windows - we could put a caravan in front of them if we were mean and had a caravan].

I really dont know if we have a legal right to oblige our neighbours keeping their wall in good cosmetic repair.

We have never fallen out with any neighbours and really don't want to now, but we are unhappy about the state of play.

Aylesbury_Duck

It's really not worth falling out with them so ask them if and when they intend to have the wall painted. If you don't like the answer, offer to go halves with them. If they refuse that, ask their permission to get it painted yourself. You have no right to an outlook of your choosing on their wall, so be diplomatic.

Kentish_Dave

If I were you I’d put some nice trellis and plants on that wall.

How did they get access to your side?

Aylesbury_Duck

Kentish_Dave wrote: »

If I were you I’d put some nice trellis and plants on that wall.

How did they get access to your side?

I agree, that would look nice but they’d need the neighbour’s permission to attach anything to the wall and if the neighbour ever wanted to paint or otherwise maintain it, it might mean the removal of established plants.

Socajam

I agree with Kentish Dave put something on your property that could block their light.
If they complain, let them know that it will stay as is until the wall is painted and you want to be notified of the colour of paint etc.

cannugec5

Aylesbury_Duck wrote: »

so ask them if and when they intend to have the wall painted. If you don't like the answer, offer to go halves with them. If they refuse that, ask their permission to get it painted yourself.

We are in no mood to paint or contribute to the painting ourselves. We have bent over backwards to be accomodating thus far.

They have a right of access to maintain the wall. However we had five weeks of builders and their vans in our garden. We had the cement mixer, ladders and other parapenalia for that whole time.

The dust created meant I could not hanging washing out during that time. I chanced it on the first Saturday and they still turned up to work. There were a few days they were working on the inside of the house rather than in our garden but never were we told, so could not make use of our garden.

So, maybe we just have to put up with it.

cannugec5

Kentish_Dave wrote: »

If I were you I’d put some nice trellis and plants on that wall.

How did they get access to your side?

We cannot fix anything to the wall. We have plants and trees in tubs, and thus far have been accomodating by moving them to the sides of the windows.

To gain access they have to leave their cul-de-sac and enter via our gate. We kindly left it open for the builders.

cannugec5

Socajam wrote: »

I agree with Kentish Dave put something on your property that could block their light.
If they complain, let them know that it will stay as is until the wall is painted and you want to be notified of the colour of paint etc.

That is a great idea. It could only be painted white. This is a white village. All houses are painted white.

Ironically prior to us buying our house the previous owners fell out with the same neighbour. That was because the previous owner DID paint the wall (without permission). It ended up with solicitors letters and we are told was all very unpleasant. Of course the owners of the wall cannot see it unless they come into our back garden to have a look.

They have a teenage son with learning difficulties. Since these windows have been installed he keeps cycling round into our garden to take a look from the other side. I have had to explain to him, that despite all the men and vans and even his own parents seeming to have free access to our garden it is fact our private garden and we would ask him to stay out. I think it may have worked. He has not been in this week.

cannugec5

I have just been online to check if they have a completion certificate for the building warrant - they don't. However I was interested to see that they have now applied for another warrant. It is to change the layout of their kitchen due to difficulties caused by the installation of new windows!

Mistral001

The situation is probably this: The job cost more than the neighbour intended because of extra work unforeseen by both the builder and the neighbour and the gold taps in the bathroom which the neighbour could not resist when he saw them in the showroom. The builder probably has not been paid for all this extra work and is therefore not being cooperative about "making good" the window opening on your side of the wall because there was no mention of making good on the drawings. Hence the neighbour does not want to spend any more money and the contractor does not want to do any more work and you are left to carry the can and get the making good done at your expense.


You have a window with a distinctly unsightly, unfinished look about it and they have a nice new window which, no doubt, looks like something out of "Homes and Gardens" from their side of the wall.

Aylesbury_Duck

cannugec5 wrote: »

We are in no mood to paint or contribute to the painting ourselves. We have bent over backwards to be accomodating thus far.

They have a right of access to maintain the wall. However we had five weeks of builders and their vans in our garden. We had the cement mixer, ladders and other parapenalia for that whole time.

The dust created meant I could not hanging washing out during that time. I chanced it on the first Saturday and they still turned up to work. There were a few days they were working on the inside of the house rather than in our garden but never were we told, so could not make use of our garden.

So, maybe we just have to put up with it.

If you're not prepared to contribute, that's about the gist of it I'm afraid. That, or waiting. Despite you having been accommodating during the works you still don't have a right to insist they finish the wall to your satisfaction, unless there is some sort of obligation stated in their deeds.

I understand that you've been inconvenienced by all the work but you're cutting your nose off to spite your face by refusing to even consider contributing or painting when it's you that finds your outlook ugly now. As I see it you can offer to help, swallow the small amount of pride and money that would involve and possibly get your garden back as you like it, or sit there and have a permanent visual reminder of a principle well held and a rather hollow "victory".