nasty neighbour building a wall....my rights ?

[graham]

Are there any knowledgable people here who can advise me of my rights in this case ?

My arrogant neighbour, has decided to build a dividing wall between our 2 front gardens and has already begun by ripping down the the old fencing (which was half mine by the way, but he never consulted me before going ahead). Now, I believe he is intending to build it so that the outer edge will be bang on the dividing line between the two gardens, but if i'm not mistaken (and i'm not a builder, so i'm not sure), don't the foundations for the wall have to be significantly wider than the wall itself ?

In which case, how can the wall be built right to the line without the foundations being partly in my garden ?

So far, i've not asked him about this (partly because he is a builder and i'm not, and i might get my facts wrong and he WILL DEFINATELY run rings around me if i'm not sure because he doesn't care much for other peoples rights), but nor have I agreed to anything either, i've just said absolutely nothing.

What i would like to do (sorry if this sounds a little devious), is let him overstep the mark in such a way that I could force him to knock it down. I know this may sound bad, but believe me this guy is VERY disliked in the neighbourhood and VERY arrogant and cocky, so perhaps it's about time someone pissed him off for a change.

So, what are my rights here, what are his rights ?

I look forward to help from anyone experienced in these matters.

GT

[The3rd Earl Of Derby]

The subject says "nasty neighbour building a wall", pot calling the kettle.

What are we talking here 1",2" overstepping? tsk I'd let him build it at least it will get rid of the dilapidated fence.

-- Sir Benjamin Middlethwaite

[Colin Wilson]

If its a newish house, there might be something in the deeds (a restrictive covenant) forbidding walls being built, or anything over a certain height...

[Fentoozler]

Try posting this to alt.uk.law and you'll get some sensible answers.

Angus

[Weatherlawyer]

As a rule of thumb it will need to be about a foot wide and in a trench at least 18" deep. If he needs to get on your land to dig it -and he will, even if he cuts it bang on the line, he will need your permission.

He can not prevent you hosing your garden (bear in mind the current state of resevoirs though) nor can he move any of your property if it is up against the boundary.

I rather believe he aught to reimburse you for the lost plants. You'd have a terrible job getting it. Stake a couple of lengths of scaffolding planks along the boundary and load it with something he can not move. Put a caravan, greenhouse, shed or some such there.

[John]

Firstly do you object to the wall or do you just want to cause problems for your neighbour? If the latter I would strongly recommend against it. Most neighbour disputes start with one neighbour doing something wrong, then the other using that as an excuse to do the same and so on and so on until it escalates out of control. Remember that if you come to sell your house you will have to reveal any dispute and that will be enough to put many buyers off.

If you are happy with the idea of a wall in principle (that presumably he is willing to build at his own cost) then go and talk reaonably to him about it. Is it a problem if the foundations are in your gardne if he makes good any damage or you could do this easily yourself, thus making a minor contribution to the new construction. Make sure you know your facts first - look at your deeds or even better check out the position with your solicitor.

Unless it says to the contrary in your deeds he should not encroach onto your garden without your consent. I am not a litigator but believe it would be very unusual for the court to order him to knock down the wall if there was a minor encroachment and you had deliberately sat back and let it happen - the courts don't like that.

Although it can be tempting to score points it is not usually worth it in the long run.

Hope this helps.

[Homer2911]

Have a look at the 'Neighbours from Hell' website at:

[bill]

I would let him, especially if it looks nicer than the fence. For your correct legal rights, go and see either the CAB or a solicitor. Do things the correct way and you will get your own way - but will have to pay quite a bit taking him to court. You're probably just as bad as him by the sound of it.

[wblakesx]

It occurs that he may be a "drama queen" who is setting up a drama and drafting you. Perhaps you should get into on of the "background check" websites or some other unexpected and more "devious" ( fire with fire) instead of playing a game that he is probably well prepared for even if it is within your rights to sledge down the wall the day after he finishes, or on xmas eve or when he's got company etc. I've been in similar circumstances. Or you could drag him into court for what he's already done. Or you could use it as pressure to do things you want to do. good luck

[George]

graham wrote in news: [e-mail]:

Go to

- they will give you everything you need to know - they are quite superb and very expert.

George

[john2]

If its more than 2m high he needs planning permission. Otherwise there's nothing much to stop him, apart from local covenants.

However the fence belongs to the side with the posts normally, so he can't just knock it down if it's yours. If you wanted to keep the fence he would have to build the wall all on his land, and keep the fence too, but that is getting ridiculous. I have searched previously for advice on foundations, but failed to find anything. Probably if you are adverse he would somehow have to construct founds which didn't encroach on your land, but that is an extreme case that shouldn't normally happen in a reasonable world.

john2

[dg]

It is possible to construct the foundations flush with the wall face. Its just a technical consideration.

The Party Wall Act (PWA) will allow him to project foundations to your side of the boundary

If you try to take action after the wall is built, then in the slim chance that a court agrees with you, then all that will happen is that he cuts off the projection foundation.

Your best chance of annoying him would be to insist that he follows the PWA (if he is errecting a party fence wall as defined under the Act) and he will occur additional costs of a surveyor, and you can appoint a surveyor to at his cost too.

Or get an injunction now and sort out boundary issues, and compensation for your fence.

But, legal action is going to cost you big time.

dg

[Weatherlawyer]

It is not a party wall if one part of the party didn't get an invite and disagrees with the venue.

If he insists that the Part Wall Act is followed (whatever the rules are for that) then it shows he has reached an agreement of sorts. He'd be better making sure he tells his neighbour in front of witnesses exactly what it is that has got up his nose.

[Peter Crosland]

The foundations have to be within his property. The Party Wall Act my also apply so do a search on that. If he is not amenable to discussing it verbally then write a polite letter and send it by Special Delivery pointing out the facts. Even if it does not stop him no it may well be useful as evidence if things escalate.

[Cicero]

================= The most sensible approach would be to accept the new wall as an enhancement to your property. The neighbour is a builder so it's unlikely that he will do a bad job and there will be no cost to you. You might be able to insist that he repairs any damage caused by the intruding footings but this might only be the cost of a few plants if the new wall is in a flowerbed rather than a drive or footpath.

My neighbours were in a similar situation about a year ago. Their neighbour (on the other side) built a dividing wall without consulting them. They're actually quite pleased with the appearance of the wall and they're no longer overlooked by the 'bad' neighbours.

Cic.

[Sponix]

However, permission to access the OPs property cannot reasonably be refused.

>

[Tony Hogarty]

We were in a similar situation a few years ago where the neighbours installed a new fence down the drive. I thought he was going to explode with rage when I thanked him for installing it as I had been planning to do the same myself. No pleasing some people.

[Steve Walker]

seconded - especially the forum, quite amazing to read the difficulties some people find themselves in

[Dave Plowman (News)]

It's unusual to have jointly owned fences. Mostly the ones to the right of the property are yours, but the house deeds should show this. A clue would be the fence posts - these should be on 'your' side of the fence which you own - ie the best side faces your neighbour.

If it is a jointly owned one and he's replacing it with a nicely designed and built brick wall I'd offer to pay toward it. And then maybe have an input to its design. Being on bad terms with a neighbour is the path to hell.

[John Anderton]

This is certainly the convention but it is by no means definitive. There is nothing in law which states that fence posts have to be on a particular side of the fence, it's up to the owner of the fence (assuming the fence is on their land, of course) which way round things are.

For example, one fence in my garden has the posts on my side but it's not only not my fence but, at one end, it's about two feet inside my neighbour's garden so there's a two foot wide strip of land which looks like it could be mine but isn't. This could cause problems in future so I'm growing a holly hedge on my side of the boundary which should last longer than the fence, to avoid problems for anybody who buys my house in the future

The replacement wall sounds like it's entirely on the neighbour's land(apart from the foundations) so it wouldn't be a shared wall, unlike the fence (if that was shared)

Very true.

Cheers,

John