Neighbour building on my land

Nobbie1967

I think a formal letter explaining how the current situation is untenable due to the breeched damp course should be sent in the first instance, with a list of the various options outlined so that the neighbour understands what they could become liable for. Contact your insurers to see if they will cover legal costs. Even if they won’t you might want to bluff your neighbours that they have agreed to back you. If the OP is willing and able to remove the concrete themselves, it should be offered as the first option to the neighbour, otherwise:

1) Neighbour employ builder to remove concrete and make good.

2) OP to employ builder to remove concrete and make good. Cost to be recovered from neighbour via Money Claim Online.

It is always advisable to avoid the court route if at all possible as it generally leads to costs and wasted time on all sides.

Ganga

ThisIsWeird said:

GDB2222 said:

Ah yes, it should teach him a lesson! Just explain why you would put yourself out to help him in this way?

I don't understand, GDB. I don't see how forcing the neighbour to sort this is 'helping' him at all.

GDB2222 said:

I don’t think that you understand how costs work in the English court system. Maybe, you should bone up on that before saying that the neighbour will be paying the OP’s costs.

Fair point - I don't!

If I didn't have LegProt, then the method I'd be inclined to choose is to written, dated, ultimatum, and then get a builder in to do the job, and MoneyClaim or SCC the neighb for the cost.

Or, a half-hour consult with a local solicitor to ensure I knew the prose and cons - including costs - and make a decision that way. Or a no-win, no-fee type if they'd take on such a small matter.

Bottom line, surely, is - there is no way that the neighbour would 'win' such a case. That slab needs to be removed, and the neighbour is liable for it?

Unless you are an experienced DIYer, that sort of job can be deeply unpleasant. Yes, the concrete should hopefully still be relatively soft, but could also have sizeable pebbles in it. I did a couple of straight cuts in an outside wall two weeks ago, and it was hellish. Hard as hell, and completely wore away almost three blades. I was on a stepladder, and my calves were aching afterwards. And I was thickly covered with dust. Deeply unpleasant.

And I didn't even get through one of the skins.

A Stihl saw with diamond disc and wet cutting attachment would make short work of this ,easy to obtain from your local tool hire company.

Eldi_Dos

Ganga said:

ThisIsWeird said:

GDB2222 said:

Ah yes, it should teach him a lesson! Just explain why you would put yourself out to help him in this way?

I don't understand, GDB. I don't see how forcing the neighbour to sort this is 'helping' him at all.

GDB2222 said:

I don’t think that you understand how costs work in the English court system. Maybe, you should bone up on that before saying that the neighbour will be paying the OP’s costs.

Fair point - I don't!

If I didn't have LegProt, then the method I'd be inclined to choose is to written, dated, ultimatum, and then get a builder in to do the job, and MoneyClaim or SCC the neighb for the cost.

Or, a half-hour consult with a local solicitor to ensure I knew the prose and cons - including costs - and make a decision that way. Or a no-win, no-fee type if they'd take on such a small matter.

Bottom line, surely, is - there is no way that the neighbour would 'win' such a case. That slab needs to be removed, and the neighbour is liable for it?

Unless you are an experienced DIYer, that sort of job can be deeply unpleasant. Yes, the concrete should hopefully still be relatively soft, but could also have sizeable pebbles in it. I did a couple of straight cuts in an outside wall two weeks ago, and it was hellish. Hard as hell, and completely wore away almost three blades. I was on a stepladder, and my calves were aching afterwards. And I was thickly covered with dust. Deeply unpleasant.

And I didn't even get through one of the skins.

A Stihl saw with diamond disc and wet cutting attachment would make short work of this ,easy to obtain from your local tool hire company.

With a Stihl saw you would not get cut near enough neighbours house wall to do a neat job (without damaging wall). Better to use a angle grinder then hammer and chisel.

ThisIsWeird

Ganga said:

ThisIsWeird said:

GDB2222 said:

Ah yes, it should teach him a lesson! Just explain why you would put yourself out to help him in this way?

I don't understand, GDB. I don't see how forcing the neighbour to sort this is 'helping' him at all.

GDB2222 said:

I don’t think that you understand how costs work in the English court system. Maybe, you should bone up on that before saying that the neighbour will be paying the OP’s costs.

Fair point - I don't!

If I didn't have LegProt, then the method I'd be inclined to choose is to written, dated, ultimatum, and then get a builder in to do the job, and MoneyClaim or SCC the neighb for the cost.

Or, a half-hour consult with a local solicitor to ensure I knew the prose and cons - including costs - and make a decision that way. Or a no-win, no-fee type if they'd take on such a small matter.

Bottom line, surely, is - there is no way that the neighbour would 'win' such a case. That slab needs to be removed, and the neighbour is liable for it?

Unless you are an experienced DIYer, that sort of job can be deeply unpleasant. Yes, the concrete should hopefully still be relatively soft, but could also have sizeable pebbles in it. I did a couple of straight cuts in an outside wall two weeks ago, and it was hellish. Hard as hell, and completely wore away almost three blades. I was on a stepladder, and my calves were aching afterwards. And I was thickly covered with dust. Deeply unpleasant.

And I didn't even get through one of the skins.

A Stihl saw with diamond disc and wet cutting attachment would make short work of this ,easy to obtain from your local tool hire company.

Are you suggesting that Kam hires this equipment, and goes on to his neighbour's land to sort out an issue caused by his neighbour? :-)

Ganga

Eldi_Dos said:

Ganga said:

ThisIsWeird said:

GDB2222 said:

Ah yes, it should teach him a lesson! Just explain why you would put yourself out to help him in this way?

I don't understand, GDB. I don't see how forcing the neighbour to sort this is 'helping' him at all.

GDB2222 said:

I don’t think that you understand how costs work in the English court system. Maybe, you should bone up on that before saying that the neighbour will be paying the OP’s costs.

Fair point - I don't!

If I didn't have LegProt, then the method I'd be inclined to choose is to written, dated, ultimatum, and then get a builder in to do the job, and MoneyClaim or SCC the neighb for the cost.

Or, a half-hour consult with a local solicitor to ensure I knew the prose and cons - including costs - and make a decision that way. Or a no-win, no-fee type if they'd take on such a small matter.

Bottom line, surely, is - there is no way that the neighbour would 'win' such a case. That slab needs to be removed, and the neighbour is liable for it?

Unless you are an experienced DIYer, that sort of job can be deeply unpleasant. Yes, the concrete should hopefully still be relatively soft, but could also have sizeable pebbles in it. I did a couple of straight cuts in an outside wall two weeks ago, and it was hellish. Hard as hell, and completely wore away almost three blades. I was on a stepladder, and my calves were aching afterwards. And I was thickly covered with dust. Deeply unpleasant.

And I didn't even get through one of the skins.

A Stihl saw with diamond disc and wet cutting attachment would make short work of this ,easy to obtain from your local tool hire company.

With a Stihl saw you would not get cut near enough neighbours house wall to do a neat job (without damaging wall). Better to use a angle grinder then hammer and chisel.

With 100 mm to play with if you turn the Stilh saw one way there will e plenty of room to cut the concrete ,you might hae to stop a few mm of the house.

Doozergirl

ThisIsWeird said:

You give the neighbour the opportunity to correct his error, and inform him what will happen if he doesn't.
If he doesn't, you take legal action.
Rarely have I read about such an indesputable case.
And, yes, rarely is taking legal action an enjoyable experience. But this will be the exception.

I completed a MCOL court form in February. 

We got a court date for December.  It's open and shut but it still took me over eight hours to put an evidence bundle together and create a reply to their defence statement. 

They now haven't responded to the court with their own evidence bundle so I should get judgement in my favour shortly but then there's the fun of getting the money. 

I had verbal advice from a legal helpline but no one was going to pay for me to have a solicitor other than me.  

Even when it's easy, it isn't easy.  I'd definitely have one of my boys in there with the power tools.  It is the easiest solution.  

Eldi_Dos

Ganga said:

Eldi_Dos said:

Ganga said:

ThisIsWeird said:

GDB2222 said:

Ah yes, it should teach him a lesson! Just explain why you would put yourself out to help him in this way?

I don't understand, GDB. I don't see how forcing the neighbour to sort this is 'helping' him at all.

GDB2222 said:

I don’t think that you understand how costs work in the English court system. Maybe, you should bone up on that before saying that the neighbour will be paying the OP’s costs.

Fair point - I don't!

If I didn't have LegProt, then the method I'd be inclined to choose is to written, dated, ultimatum, and then get a builder in to do the job, and MoneyClaim or SCC the neighb for the cost.

Or, a half-hour consult with a local solicitor to ensure I knew the prose and cons - including costs - and make a decision that way. Or a no-win, no-fee type if they'd take on such a small matter.

Bottom line, surely, is - there is no way that the neighbour would 'win' such a case. That slab needs to be removed, and the neighbour is liable for it?

Unless you are an experienced DIYer, that sort of job can be deeply unpleasant. Yes, the concrete should hopefully still be relatively soft, but could also have sizeable pebbles in it. I did a couple of straight cuts in an outside wall two weeks ago, and it was hellish. Hard as hell, and completely wore away almost three blades. I was on a stepladder, and my calves were aching afterwards. And I was thickly covered with dust. Deeply unpleasant.

And I didn't even get through one of the skins.

A Stihl saw with diamond disc and wet cutting attachment would make short work of this ,easy to obtain from your local tool hire company.

With a Stihl saw you would not get cut near enough neighbours house wall to do a neat job (without damaging wall). Better to use a angle grinder then hammer and chisel.

With 100 mm to play with if you turn the Stilh saw one way there will e plenty of room to cut the concrete ,you might hae to stop a few mm of the house.

Put a dinner plate on worktop and against wall,that will give you a idea of how much concrete would be uncut before damaging wall.
With relations with the neighbour not good best to avoid any chance of that.

ThisIsWeird

Doozergirl said:

ThisIsWeird said:

You give the neighbour the opportunity to correct his error, and inform him what will happen if he doesn't.
If he doesn't, you take legal action.
Rarely have I read about such an indesputable case.
And, yes, rarely is taking legal action an enjoyable experience. But this will be the exception.

I completed a MCOL court form in February. 

We got a court date for December.  It's open and shut but it still took me over eight hours to put an evidence bundle together and create a reply to their defence statement. 

They now haven't responded to the court with their own evidence bundle so I should get judgement in my favour shortly but then there's the fun of getting the money. 

I had verbal advice from a legal helpline but no one was going to pay for me to have a solicitor other than me.  

Even when it's easy, it isn't easy.  I'd definitely have one of my boys in there with the power tools.  It is the easiest solution.  

I would hope, but obviously don't know, that Kam's situation is far simpler, pretty much as straightforward as any such issue could be.
What would you suggest Kam does in their situation, assuming they don't have a boy to call on?

GDB2222

ThisIsWeird said:

Doozergirl said:

ThisIsWeird said:

You give the neighbour the opportunity to correct his error, and inform him what will happen if he doesn't.
If he doesn't, you take legal action.
Rarely have I read about such an indesputable case.
And, yes, rarely is taking legal action an enjoyable experience. But this will be the exception.

I completed a MCOL court form in February. 

We got a court date for December.  It's open and shut but it still took me over eight hours to put an evidence bundle together and create a reply to their defence statement. 

They now haven't responded to the court with their own evidence bundle so I should get judgement in my favour shortly but then there's the fun of getting the money. 

I had verbal advice from a legal helpline but no one was going to pay for me to have a solicitor other than me.  

Even when it's easy, it isn't easy.  I'd definitely have one of my boys in there with the power tools.  It is the easiest solution.  

I would hope, but obviously don't know, that Kam's situation is far simpler, pretty much as straightforward as any such issue could be.
What would you suggest Kam does in their situation, assuming they don't have a boy to call on?

Why do you think that the OP’s situation is simple?   Despite several people, probably in the light of their experience, urging the OP to avoid litigation like the plague, you remain convinced that it’s a great idea. Honestly, it isn’t! 

By all means issue a small claim if you have a problem with a store. Pretty much, the worst that can happen is that you lose, and you lose the court fees. But, picking a fight with a neighbour is so pointless that I can’t imagine why you keep suggesting it.

ThisIsWeird

GDB2222 said:

Why do you think that the OP’s situation is simple?   Despite several people, probably in the light of their experience, urging the OP to avoid litigation like the plague, you remain convinced that it’s a great idea. Honestly, it isn’t! 

By all means issue a small claim if you have a problem with a store. Pretty much, the worst that can happen is that you lose, and you lose the court fees. But, picking a fight with a neighbour is so pointless that I can’t imagine why you keep suggesting it.

To clarify, GDB - I mean that Kam's 'case' is a simple one. Not necessarily (as can be seen!) the solution.

As soon as Kam mentioned the fact that this concrete slab went above his DPC level, that was it. Had he not done so, then - although the neighbour had still technically 'trespassed' - I'm not sure what any court or arbitrator would have made of it; what tangible loss could be demonstrated? What damage? It would have struck me as being in the realms of "it just ain't worth it".

This situation DOES, however, need to be sorted. Of that there can be no question. It is open&shut.

Kam is a laypeep. I have no idea of his practical skills and abilities, or what tools he owns. And, to be frank, I don't think it matters. I could tackle this if it were my house - I have the angle grinders and SDS drills with chisels à gogo. But I wouldn't.

No bludy way would I sort out this 'ole's thoughtless action with physical graft on my side. Not just the mess and hassle, but the potential for things to go awry.

What if the neighb says "No - you cannot come on to my land."? That, in itself, will require a 'legal' approach.

What if the neighbour leaves all their patio furniture out on that slab?

What if the neighbour leaves their patio doors and windows wide open?

What if the grinder blade makes contact with their wall?

And I also wouldn't do it so I could teach the 'ole a lesson he clearly needs.

Only two ways would I consider; one is to pay a pro builder to do it and then sue the neighb, or, force the neighb to sort it. I would like to know which of these options is simpler and less hassle for the victim, and would inconvenience the neighbour more...

Both require the correct approach to make it watertight.