Neighbours extension - garden fence removal

jr5678

My neighbour has just got planning permission for a pretty big extension. They will need to remove a shared fence to be able to carry out the works, I have no problem with that, but I have 2 young children who like to play in the garden. Does anyone know what my rights are to ask them to keep my garden secure and safe for my children?

Thanks

sgun

Why not just ask them to put up something temporary - Heras fencing or something similar? I'm sure they are happy that you are being easy going about the extension and fence removal so would be happy to oblige.

jr5678

Well we have Party Wall Act issues that they are trying to ignore, so I'm kind of wanting to know what my rights are before I start asking for more stuff too. 

TELLIT01

If they are trying to ignore Party Wall act issues you need to speak to a solicitor, and do it before they start work.

FreeBear

sgun said: Why not just ask them to put up something temporary - Heras fencing or something similar?

Most builders will have temporary fencing as part of their toolkit - Pretty much a requirement now with HSE regulations.

I'd be surprised if the builders didn't erect some as soon as they get on site. Still, worth having a chat with the neighbours and make sure the builders are on the ball with site security/safety.

jr5678

TELLIT01 said:

If they are trying to ignore Party Wall act issues you need to speak to a solicitor, and do it before they start work.

Thanks. We’re writing them a letter and I’ll speak to a solicitor on Monday. I don’t want to be obstructive but I need to look after our interests. 

Looks like we might actually own the fence too which will change things I believe? I don’t think they can actually touch it. 

Davesnave

jr5678 said:

TELLIT01 said:

If they are trying to ignore Party Wall act issues you need to speak to a solicitor, and do it before they start work.

Looks like we might actually own the fence too which will change things I believe? I don’t think they can actually touch it. 

 'Looking like' owning isn't quite the same as knowing you own, but if they are going to build you a nice party wall in its place, then it might be unwise to obstruct them. If it's a party wall, either you or your successors could build off it if you wish.

Alfrescodave

jr5678 said:

TELLIT01 said:

If they are trying to ignore Party Wall act issues you need to speak to a solicitor, and do it before they start work.

Thanks. We’re writing them a letter and I’ll speak to a solicitor on Monday. I don’t want to be obstructive but I need to look after our interests. 

If you mean that you're writing a letter to your neighbours about your concerns that will most likely p*ss them off. What is wrong with a friendly face to face chat where you can hopefully discuss the issues and agree a compromise. 

jr5678

Alfrescodave said:

jr5678 said:

TELLIT01 said:

If they are trying to ignore Party Wall act issues you need to speak to a solicitor, and do it before they start work.

Thanks. We’re writing them a letter and I’ll speak to a solicitor on Monday. I don’t want to be obstructive but I need to look after our interests. 

If you mean that you're writing a letter to your neighbours about your concerns that will most likely p*ss them off. What is wrong with a friendly face to face chat where you can hopefully discuss the issues and agree a compromise. 

I tried that. He told me they were going to dig the foundations anyway when they haven't given us notice under the Party Wall Act. How do you suppose I try another face to face chat when he tells me to my face that he's going to ignore everything I say to him?

jr5678

Davesnave said:

jr5678 said:

TELLIT01 said:

If they are trying to ignore Party Wall act issues you need to speak to a solicitor, and do it before they start work.

Looks like we might actually own the fence too which will change things I believe? I don’t think they can actually touch it. 

 'Looking like' owning isn't quite the same as knowing you own, but if they are going to build you a nice party wall in its place, then it might be unwise to obstruct them. If it's a party wall, either you or your successors could build off it if you wish.

They have said they will replace the fence as we wish, which is great, I can't fault them for that. My issue is that they haven't told us any details about when it might come down, how long for and how they propose to keep our garden secure when we have a 1 year old and 5 year old that play in it.

We have the land registry map that shows the property boundary, but as seems common, it is hard to tell exact dimensions.

Mojisola

jr5678 said:

They have said they will replace the fence as we wish

You already know your neighbour isn't listening to you - don't rely on anything being said.

If you can't get it in writing and signed by you both, record all conversations.