Advice on how best to avoid a dispute please
Comments
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Some really helpful constructive advice, thank you.
Just to clarify, my side return where my kitchen / dining room windows and door are is not wide ; about 5 feet. Once the door is blocked i wont be able to get into the main part of my garden at all, nor will my dog.
My son (who is abroad in the Forces) has suggested i pay a fencing company to erect a 6ft fence along my side of the boundary before any builders turn up. Which would mean i wouldnt have to have them use any of my garden, or have them outside my windows / door at all.
Plus i could then paint my fence and grow plants / hang baskets etcetc as i wish.
Does this sound reasonable ?
I absolutely agree with the word "entitlement" incidentally ; neighbours' attitude has always been that since they are paying they can do what they want.0 -
Put quite simply, if your neighbour commences work on his extension without having served you notice under section 1(5) of the Party Wall etc. Act as regards building the wall (and possibly section 6 as regards the depth of his new foundations relative to those of any building or structure on your property within 3m) he will be in breach of his statutory obligations. There are no criminal sanctions if notice is not served but if they or their builder set foot on your land without doing so they will be trespassing and you can pop down to the County Court and get an injunction to stop them. Even if they start works that should have been notified under the Act but haven't been, those works would be unlawful and, similarly can be halted by taking out an injunction.
This is just to show you that the law is on your side and your neighbours cannot ride rough shod over your rights. In addition, once they have served proper notice, they still cannot start works for a period of one month starting from the date on which notice was served, unless you say otherwise. Finally, they have to comply with section 7(1) of the Act which says that they can't undertake notified works in a manner or at a time that causes you unnecessary inconvenience.
If the relevant works are notified to you, they will have rights of access to build the wall but that is all. Scaffolding is permitted because it is access related but they have no right to store plant or materials on your land. If there is not enough room on your neighbours' land, tough. They will have to find a way around it. In addition, they only have the right to enter on to your land to build the wall and make good any damage they might cause. That right does not extend to using your land to put the roof on their extension.
While the above sets out the legal position, it is not worthwhile getting adversarial if you can avoid it. By all means point out the law to them and their need to comply with it but be as friendly as you can about it. You are in control of the situation. Good advice above about eaves and gutters to the extension. Anything built projecting over the boundary beyond the face of the new wall would be trespassing in your air space. They cannot impose such details on you against your wishes.
Be aware that your neighbours do not require your consent under the Party Wall Act to build a wall on their own land at the boundary. If you want to settle access arrangements with them by yourself you can do so but if you want the assistance of a party wall surveyor, you will have to tell your neighbours that you are dissenting from the notice because surveyors can only be appointed when their is dispute about some aspect of the proposed works. In all normal circumstances the building owner who is doing the work will foot the surveyor(s) bill.
If you end up appointing a party wall surveyor, try to make sure that he knows what he is talking about. Unfortunately there are quite a few that don't.0 -
Notsurebut: Your fencing plan won't work. The right of entry the Act grants your neighbour includes the power to 'take any ..... action necessary' for the purpose of executing notified works. That would include taking down your nice new fence and putting it back up again after the wall has been built.
If your flank wall is only 5ft from the boundary it is highly likely that the adjacent excavation provisions in section 6 of the Act would come in to play. The neighbour might also want to exercise the right granted by section 1(6) to place a projecting foundation on your land - something they might not have mentioned yet.
In retrospect, I think it best that you have a party wall surveyor represent your interests. There are obviously going to be issues - including loss of amenity if access to your garden would be limited.0 -
Notsurebut: Your fencing plan won't work. The right of entry the Act grants your neighbour includes the power to 'take any ..... action necessary' for the purpose of executing notified works. That would include taking down your nice new fence and putting it back up again after the wall has been built.
If your flank wall is only 5ft from the boundary it is highly likely that the adjacent excavation provisions in section 6 of the Act would come in to play. The neighbour might also want to exercise the right granted by section 1(6) to place a projecting foundation on your land - something they might not have mentioned yet.
In retrospect, I think it best that you have a party wall surveyor represent your interests. There are obviously going to be issues - including loss of amenity if access to your garden would be limited.
What is this right of access you keep referring too, that's news to me. Surely not the Access to Neighbouring Land Act? That does not apply to building an extension. Neither does the Party Wall Act grant access rights to build an extension.
The OP is perfectly entitled to tell the neighbour and their builder to Foxtrot Oscar and deny them any access. This would potentially be counterproductive as they would have to build the wall overhand from the neighbour's side leaving the OP to look out at a rather ugly untidy wall.
Far better to speak to the neighbour and grant them "limited" access with a temporary fence/hoarding on the condition they serve notice under the Party Wall Act and a joint agreed surveyor is appointed to draw up an agreement.0 -
It's their property and it would be criminal damage, depends if they actually want to bother taking action or not.Notsurebut wrote: »the builder will be removing the boundary fence (which they paid for, before I moved in, and which I've not been allowed to stain or paint or grow any plants up, because its their fence even tho its on the boundary).
That's more their problem than your problem. If it's your land and theres no right of access/similar thing then you can just say no.Notsurebut wrote: »I have to clear my garden table and chairs, pots, garden tools, bike etc from my side return...so the builders can work from my garden as the new extension will be to the boundary line.
Where they leave their equipment is their problem. You don't have to allow them to use your garden.Notsurebut wrote: »Also the builders wont want my dog going out in the (my) garden, and they will need to leave equipment etc in my garden for a few weeks as there wont be room in my neighbours' garden. So I have now been told.
You should expect your dog to have free reign of your own garden. However, it is your responsibility to keep the dog within your own boundary, even if they remove the boundary fence.0 -
So in a nutshell its not unreasonable of me to ask when they plan to start exactly; to suggest the builders put up a temporary fence; and for them to keep all tools etc on their land. I guess i just have to put up with them using my side return to actually construct the brick wall of the extension. Interesting about the foundations tho, except quite how i physically know what they are doing except by peering thru my windows i am not sure!
Shame about my son's plan not being practical; would i be ok to get a fence put up once the work is done? Rather than staring at a brick wall?0 -
Notsurebut - if you're unsure of anything, get a Party Wall surveyor appointed. If you believe he/she is not acting in your interests, you can insist on appointing one to act on your behalf exclusively. They will be able to determine the extent to which the act applies in terms of foundations etc - you shouldn't have to determine this yourself.
Edit - ordinarily, I would say an agreement between neighbours without appointing PW surveyors is the way to go, especially because they have a reputation of being unscrupulous. However, in this case, given the neighbours entitled attitude, I think it's probably the best thing for you to do for peace of mind.0 -
I have been told that will cost me around 500 pounds just for initial advice etc, and to be prepared to pay up to 5,000 on average in total.
Not money I have; I only work very part time and rely on my state pension really.
So altho it seems a sensible idea, its not really feasible for me.
And I really dont want to get into a dispute with the neighbours, rather I am trying to clarify what I can reasonably expect to have to put up with.0 -
Who has told you this?Notsurebut wrote: »I have been told that will cost me around 500 pounds just for initial advice etc, and to be prepared to pay up to 5,000 on average in total.
Not money I have.
You should have no costs at all at the end of the process. The person developing should pay whatever costs you incur.
There are signs in your post that you haven't understood all of what people have said. In the absence of your son, Is there someone local you can turn to who might help you?0 -
Notsurebut wrote: »I have been told that will cost me around 500 pounds just for initial advice etc, and to be prepared to pay up to 5,000 on average in total.
As said, you should not have to pay any costs. It is the person undertaking the work that has to pay.0
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