Neighbour fence issue

Deva2005

Hi all
Our neighbours have taken down the boundary fence to replace it (it is their fence).
I have one question to see if anyone can advise....
There is a party wall between the gardens which is on our side about 4 rows of bricks high, on their side it's about half a meter or so.
In order to install the new fence, some posts have been dug unto the ground and cemented in place, however one particular post, which is over 2m in height has been attached part way up its length directly onto the party wall, so in effect from the other side is not in the ground at all.
Does anyone know if this is legal to attach directly to the party wall without having served us notice first?
I am aware of the Party Wall Act specifically stating that if any alterations or alike are to be undertaken yo a party wall, due permission should be sought and notice served and we can disagree?

Just wondering if anyone has any firm legal knowledge about this?

Thanks a lot in advance 
David

Ectophile

Are we talking about a few screws, or something more substantial?

Party Wall Act or not, nobody notifies their neighbours before putting up some shelves on the wall, and this may be equally trivial.

Bookworm105

so you want to go to war with your neighbour over them paying for a new fence?

How long have you known them?

jonnydeppiwish!

Let it be and leave it . As pp has said, are you willing to waste £1,000s because of one fence post?
The neighbour would be quite within their right to remove it all and replace it with a single piece of wire in most cases.

Vitor

If attaching the post on their side of the party fence wall has not interfered with your side, then this could well be regarded as permissible without getting your permission.

GDB2222

David, I agree that supporting a 2m fence post by screwing it into a 0.5m wall seems a bad idea. That is a lot of leverage. 

But, this is a practical issue, ie what is the best solution and who should pay for it. If you go legal on this, there are two possible outcomes. One is that you prevail, but it costs you more than simply paying for a new fence post. The other is that you give up, because it is costing too much, and the fence post stays as it is. 

Be sensible and look for a practical solution.

ThisIsWeird

David, do you have Legal Protection on your house insurance? Just asking - I suggest it's something you should have, just in case.

This wall - what construction is it? How wide? Block or brick? What condition is it in? And it's definitely 'party'? How do you know - does it straddle the boundary line?

I think I'd keep this issue as simple as possible - rather than requesting it be removed or anything like that, just pass on the responsibility and liability; point out (in a recordable way*) that (a) it would have been nice to have been asked so you could have discussed whether it was the best way to secure the post, and (b) you do have concerns about the leverage from the fence and post on such a low wall - in a strong wind, you fear it could easily damage the wall, so 'please reconsider your fixing method'. Start the conversation, as others have suggested on other threads, with a friendly "Nice fence!"...

Then, if it does come down, it's his responsibility. If it doesn't, happy days.

*Either in a note/email/whatsapp/whatevs, but more friendly to do it face-to-face, but you'll need to record the conversation, eg using your phone.