Shared driveway cost dispute

dream888

dream888 said:

ThisIsWeird said:

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.

Sorry I mean the neighbour is existing, not new, and is the ‘building owner’ in the PWA.  am the new adjoining owner. The PWA was between the previous owners of my home and the building owner (existing neighbour). However in law the PWA transfers to the new adjoining owner (me). 

The neigubour bought his house a couple of months before mine. Hope that clarifies!! 

ThisIsWeird

dream888 said:

ThisIsWeird said:

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.

Sorry I mean the neighbour is existing, not new, and is the ‘building owner’ in the PWA.  am the new adjoining owner. The PWA was between the previous owners of my home and the building owner (existing neighbour). However in law the PWA transfers to the new adjoining owner (me). 

I think I understand - but not sure.

But, if it's a case of the PWA determining that, amongst other things, any damage to the shared driveway due to their works were down to the neighbour to repair, then - 100% - make them pay for it.

No discussion - look at them as tho' they were simple; "Sorry? The damage was caused by what? Uh-huh - correct - your building works. And the PWA says who should pay for this? Yay! Ditto!" (But possibly less patronising.)

Repeat ad nauseam. Make sure you make these points as questions; ASK, don't state. "Who is responsible for?" "Why should I pay for, when ..."

TheJP

OP i wouldnt pay, its clear that the neighbour is 100% liable for the costs and has tried to strong arm you. Why do you feel you need to give good will? Legally he cannot restrict access as its in both of your deeds its a shared access road. 

Ignore this fool!

thegreenone

Somewhere in the thread I think I read that the council own the Shared Driveway.  Did the NDN ask the council for permission to redo the drive or is that not necessary?

ian1246

Tell the neighbour to go forth and multiply, given the party wall agreement. Explain to him that in the UK, his personal opinion doesn't trump UK law, namely your rights to use the shared drive.

He's trying it on - your a new gullible neighbour for him to try & con in to carrying 50% of the costs which are his responsibility. That's what he is thinking and if you give him money, your merely confirming that exploitative view, as opposed to showing any good will.

sheramber

He may not be aware of what the PWA means or that it passed  to you on purchasing the house.