Shared driveway cost dispute

Sistergold

dream888 said:

The work has been done nicely and the shared driveway does look lovely, definitely an improvement. I must also add that he repaired our fence for free (without asking us) so paying half might not be a bad thing it’s just the principle of how he went about it and made us believe he was going to cover the cost! 

Having a good relationship with your neighbor is better than sticking to a principle. I would pay for this half and next time when something like this comes up just assume you will be expected to pay half and be more involved in the process of how the repairs should go. If his English is not good maybe he meant he will cover the work upfront and then you give him the money later. He might also have meant to pay and decided maybe he shouldn’t as it’s shared? Either way if I was in your shoes I would smooth the relationship and pay “as you can afford”.  He seems  to be a good neighbor overall and will be good at keeping things repaired. This is better than having a neighbor who does not sort anything out. 

Sistergold

theoretica said:

But has he learnt to get everything in writing - or that asking afterwards works?  I wonder if it might be worth writing up in plain English that any future shared costs will be agreed in writing and both get a signed copy of it.

Also can find out what language he speaks and use translate so that communication is effective. 

TheJP

dream888 said:

MysteryMe said:

Remember you are living next door to this person so it is up to you how pleasant you want relations to be.  I think you need to be open to the possibility that is was a genuine misunderstanding due to language barrier rather than just assume it's all very sinister and dodgy. 

 

Good point.

This is a lesson for the neighbour not the OP!

TheJP

Sistergold said:

dream888 said:

The work has been done nicely and the shared driveway does look lovely, definitely an improvement. I must also add that he repaired our fence for free (without asking us) so paying half might not be a bad thing it’s just the principle of how he went about it and made us believe he was going to cover the cost! 

Having a good relationship with your neighbor is better than sticking to a principle. I would pay for this half and next time when something like this comes up just assume you will be expected to pay half and be more involved in the process of how the repairs should go. If his English is not good maybe he meant he will cover the work upfront and then you give him the money later. He might also have meant to pay and decided maybe he shouldn’t as it’s shared? Either way if I was in your shoes I would smooth the relationship and pay “as you can afford”.  He seems  to be a good neighbor overall and will be good at keeping things repaired. This is better than having a neighbor who does not sort anything out. 

I disagree on this. Hie English was good enough for the OP to understand that he would pay the full cost, his English is good enough that he is saying he now owns the shred drive because the OP wont pay. What the neighbour doesn't understand is UK law.

OP, you are under no obligation to pay half for the costs as no written agreement was in place, you were not consulted prior to the works which legally means you do not have to pay and the neighbour has no right to claim the shared driveway as his own due to the title deeds. Also you didn't ask him to fix your fence but he did, you could reimburse him for that but did he fix it because it was damaged during the process?

This is not signs of a good neighbour!

ThisIsWeird

TheJP said:

Having a good relationship with your neighbor is better than sticking to a principle. I would pay for this half and next time when something like this comes up just assume you will be expected to pay half and be more involved in the process of how the repairs should go. If his English is not good maybe he meant he will cover the work upfront and then you give him the money later. He might also have meant to pay and decided maybe he shouldn’t as it’s shared? Either way if I was in your shoes I would smooth the relationship and pay “as you can afford”.  He seems  to be a good neighbor overall and will be good at keeping things repaired. This is better than having a neighbor who does not sort anything out. 

I disagree on this. Hie English was good enough for the OP to understand that he would pay the full cost, his English is good enough that he is saying he now owns the shred drive because the OP wont pay. What the neighbour doesn't understand is UK law.
OP, you are under no obligation to pay half for the costs as no written agreement was in place, you were not consulted prior to the works which legally means you do not have to pay and the neighbour has no right to claim the shared driveway as his own due to the title deeds. Also you didn't ask him to fix your fence but he did, you could reimburse him for that but did he fix it because it was damaged during the process?
This is not signs of a good neighbour!

That is all very true. 

And I've also seen the odd example where a 'difficulty in understanding due to language differences' was almost certainly just 'claimed' as an excuse to not comply.

But, we don't know here.

The OP has his warning antennae fully tweaked and set to max sensitivity, I presume, but is meanwhile prepared to let it go for the greater good - kudos to him.

I'm sure he'll be back if it's, "Ok, guess what the neighb has done now...!"

TheJP

ThisIsWeird said:

TheJP said:

Having a good relationship with your neighbor is better than sticking to a principle. I would pay for this half and next time when something like this comes up just assume you will be expected to pay half and be more involved in the process of how the repairs should go. If his English is not good maybe he meant he will cover the work upfront and then you give him the money later. He might also have meant to pay and decided maybe he shouldn’t as it’s shared? Either way if I was in your shoes I would smooth the relationship and pay “as you can afford”.  He seems  to be a good neighbor overall and will be good at keeping things repaired. This is better than having a neighbor who does not sort anything out. 

I disagree on this. Hie English was good enough for the OP to understand that he would pay the full cost, his English is good enough that he is saying he now owns the shred drive because the OP wont pay. What the neighbour doesn't understand is UK law.
OP, you are under no obligation to pay half for the costs as no written agreement was in place, you were not consulted prior to the works which legally means you do not have to pay and the neighbour has no right to claim the shared driveway as his own due to the title deeds. Also you didn't ask him to fix your fence but he did, you could reimburse him for that but did he fix it because it was damaged during the process?
This is not signs of a good neighbour!

That is all very true. 

And I've also seen the odd example where a 'difficulty in understanding due to language differences' was almost certainly just 'claimed' as an excuse to not comply.

But, we don't know here.

The OP has his warning antennae fully tweaked and set to max sensitivity, I presume, but is meanwhile prepared to let it go for the greater good - kudos to him.

I'm sure he'll be back if it's, "Ok, guess what the neighb has done now...!"

Exactly, the neighbour may return with, we need a new XYZ, no worries ive sorted it but here is your half of the bill....

OP stand firm and teach the neighbour a lesson on diligence.

dream888

Hi everyone. Just by way of update, I just realised the previous owners of our house had a party  wall agreement with the neighbour. This was because the neighbour had a massive extension before we bought the house. The party wall agreement said any damage to the shared driveway due to the neighbours building works had to be repaired/returned to its previous condition by the neighbour. As the new owners of the house the party wall agreement passes to us so we can enforce it. What the neighbour has done has gone above and beyond repairing and he’s made it completely aesthetically pleasing to his specification (although I do admit it has been repaired,  but he had to repair it due to the party wall). To keep the peace I will pay a nominal amount as goodwill but make it clear this is not an acceptable or admission of an agreement to pay half and make him sign it and be expressly clear that all future discussions about anything shared must be discussed in writing to avoid any confusion. I will also refer to the party wall award.  I feel bullied but I have kept all correspondence (or lack of) and made a contemporaneous full note of our discussions, his conduct and how it’s made me feel in case it ends up in court (which he hopefully won’t bother with). I won’t be bullied but I know I have to be pragmatic to be a good neighbour (even though he clearly isnt) and the nominal gesture once accepted, in writing, should end things. My husband and I haven’t even moved in yet! In future will keep my distance and not entertain him. If he does block my access due to his obstruction on the driveway then I will firmly remind him to move as yes I am super cautious and on my guard now. 

Sistergold

Oh, I don’t doubt the OP in that the neighbor said they will pay for the works. He probably changed his mind. Maybe it ended up costing more than he planned as some workman do to people. I am saying this from the point of view that it’s the first time it has happened and now you will now make it clear it will not happen again and if it happens then well you do whatever. 

All I am saying  for this first time, yes the OP should make it clear that next time she will not pay if not agreed in writing. BUT so as to not sour relations and as “it’s not much money” in the grand scheme of home ownership it’s easier to pay the half. I know the OP can decide to say sorry you said you will pay in full, and well if you wanted me to pay how come there are no quotations which I would have needed to approve etc. BAD RELATIONSHIP WITH A NEIGHBOR COSTS A LOT. When a neighbor is annoyed they can annoy you after this in more ways than in the areas where they need to be splitting bills. Yes you will report, take each other to court, etc. Choosing to overlook is cheaper with neighbours. Just avoid making your neighbours think they now have a bone to chew with you. 🤷‍♀️

This is not to say you should be bullied. If you are firm they will pick it and know your limits going forward. 

dream888

Sistergold said:

Oh, I don’t doubt the OP in that the neighbor said they will pay for the works. He probably changed his mind. Maybe it ended up costing more than he planned as some workman do to people. I am saying this from the point of view that it’s the first time it has happened and now you will now make it clear it will not happen again and if it happens then well you do whatever. 

All I am saying  for this first time, yes the OP should make it clear that next time she will not pay if not agreed in writing. BUT so as to not sour relations and as “it’s not much money” in the grand scheme of home ownership it’s easier to pay the half. I know the OP can decide to say sorry you said you will pay in full, and well if you wanted me to pay how come there are no quotations which I would have needed to approve etc. BAD RELATIONSHIP WITH A NEIGHBOR COSTS A LOT. When a neighbor is annoyed they can annoy you after this in more ways than in the areas where they need to be splitting bills. Yes you will report, take each other to court, etc. Choosing to overlook is cheaper with neighbours. Just avoid making your neighbours think they now have a bone to chew with you. 🤷‍♀️

This is not to say you should be bullied. If you are firm they will pick it and know your limits going forward. 

Thanks for your advice, however I cannot and will not pay for something I did not see invoices, have input in the cost or mutually agree the cost with in advance of the work.  As someone mentioned I don’t even know if he’s paid the contractor or trying it on, i have to protect myself  and by giving in paying half will set a precedent that I am easily maleable, the Nominal figure is for my peace of mind and sends a strong message that this is not on. I know peace of mind with neighbours is important but I have a feeling his onward conduct will be the same whether I pay half, a nominal amount, or nothing. I can only do what it feels right in my mind to do (which is pay a nominal amount), in the absence of any express agreement to pay half and bearing in mind the existence of the party wall agreement. 

ThisIsWeird

dream888 said:

Hi everyone. Just by way of update, I just realised the previous owners of our house had a party  wall agreement with the neighbour. This was because the neighbour had a massive extension before we bought the house. The party wall agreement said any damage to the shared driveway due to the neighbours building works had to be repaired/returned to its previous condition by the neighbour. As the new owners of the house the party wall agreement passes to us so we can enforce it. What the neighbour has done has gone above and beyond repairing and he’s made it completely aesthetically pleasing to his specification (although I do admit it has been repaired,  but he had to repair it due to the party wall). To keep the peace I will pay a nominal amount as goodwill but make it clear this is not an acceptable or admission of an agreement to pay half and make him sign it and be expressly clear that all future discussions about anything shared must be discussed in writing to avoid any confusion. I will also refer to the party wall award.  I feel bullied but I have kept all correspondence (or lack of) and made a contemporaneous full note of our discussions, his conduct and how it’s made me feel in case it ends up in court (which he hopefully won’t bother with). I won’t be bullied but I know I have to be pragmatic to be a good neighbour (even though he clearly isnt) and the nominal gesture once accepted, in writing, should end things. My husband and I haven’t even moved in yet! In future will keep my distance and not entertain him. If he does block my access due to his obstruction on the driveway then I will firmly remind him to move as yes I am super cautious and on my guard now. 

That does put a different complexion on things... 
Really, the previous owner should be liable for this work, and perhaps you can suggest that you'll support the new neighbour should he wish to pursue this. 
But, in terms of your decision, I now think - tough, the neighbour is fully liable. So, what you decide to do is entirely up to you.
Matter-of-fact - "This damage was caused by the extension works. We have a PWA agreement to cover just this sort of thing - see? It still applies. If the other neighbour hadn't moved out, they'd be sorting this, as they are responsible. That now passes to you, unless you want to chase them for this? I'll support you in your claim if you want?", sort of thing. 
Make darned sure you add solid LegProt to your house policy.