PXR5

They refuse to remove the tree/ bushes, I can not surrender any of my land, so the issue will remain what ever is done Re; party wall act, this has no teeth, as long as you dont damage their wall/ land nothing can be done by them or the courts.

No, I dont want to get into a big fight! I've offered to help them repair their wall, they dont want to know & want me to lose 2 feet of my land, Ive lived in this village for over 40 odd years, I'm know as the man that helps others when they have problems with heating plumbing etc..... Ive never had any fall outs with anyone untill these low lifes turned up.

Have you read all what Ive said?, they refuse to remove the tree/ bushes, & I can not lose any land to build a new wall. So what should I do?

Thanks for the replies, the land is not big enough for me to lose any area. I've offered to help them resolve the problem, they dont want to know. So what elase can I do? Im not going to lose land or pay for their wall. I have allready taken pics etc so its on record, & Building control have been to see the site, the neighbours had made the wall a major isssue with B' control stating I had damaged their wall. I'm going to wait untill the wall goes down.

I'll wait for the wall to collapse, then they will need to do the work. As Ive allready said, I offered to help them fix the wall up but they refused. They also refuse to remove the bushes/ tree, I'm not going to lose 2 feet of my land to them!!!!

The tree/ bush roots have pushed it over by more than 6" at the top, It would be to every ones advantage to do the work before I start my build!

Im in no rush to do the build, so I've layed hard core on the ground & Ill use the area for my spare yard. I'll repair my plant there, pile up my building gear, gas bottles etc, shame it will look so bad from their windon. I plan to start the work in 3 years time, perhaps the wall will collapse & they will then have to repair it. I assume if it goes down, its a black & white issue, & they will have to repair it?.

The retaining wall is their responsibility, the pics show my man on my land. This is in a very old cotswold village, the terraced gardens have been as is, for over 70+ years.I should also add, the moment I do any work to that wall I take on responsibility for it. The way they have been I would be very foolish to do so. They have shown them self's to be what they are, you can not have mutal benifical negotiations with people like this .

The trouble is the bushes & a tree have roots that are forceing the wall out & the wall will collape.They are refuseing to remove the tree/ bushes as they have been planted smack right at the boundry ( to maximise their narrow garden). So unless I give up 2 feet of my land the problem will only get worse. I can not talk to these vile stupid people, Ive tried there is no point.

I forgot to add, they have a kitchen window that looks across the road & through my double gates into my yard, in the corner I have an external toilet that can be seen throught the gates. The husband has a habit of staring in at my yard through the gates, so much so that my wife & daughter became too embarrassed to use the toilet, that is untill I draped plastic vines over the gates & parked my Disco in front to prevent his proclivity for toilet watching.......

I think I should add, these people dont have any garages or off road parking, I have garages to the rear of their house, as soon as they found out I owned the garages & land, they hassled me for days about selling them. I needed them for my house build so could not, ever since they have been nice to my face then at the same time writing the most outrageous lies on my planning application,. They then had building control out, saying I had started my build before P'permission was granted. building Con' found I had not! thankfully as I would have lost my CIL exemption Ive also been visited twice by the Police, 1st time was unclear as to why, the police just asked me whats going on re; the retaining wall, 2nd time was about the CCTV I've recently installed. Since they have moved here, Ive had my car keyed, two tires slashed, and my mini digger had the ram pipes undone, I lost 30 litres of oil. this is in a quite ( untill now) Cotswolds village ....... So, Im not too happy about things............

There is no chance of having a decent relationship with these people, I live opposite to to my land, its a small village, I've lived here for over 40 years,these scumbags have been here for only 8 months, in this time they have only caused problems, & have tried to make me pay for their wall. I'm known as the person that will help any one, I've never had any problems with anyone in the past 40 years, until now. Legal action is the only way forward, not my way of doing things, as said I offered to help them..................

Thanks for the replies, I have taken pics. Im unlucky to have the most unpleasant & disagreable people to deal with, I'm quite sure Ill need to take leagl action to get them to do anything. I dont think building control will get envolved, as there's not much of a public danger .

No insurance, this is some land I have, I have just had planning permission granted to build a house, these people think I should pay for their wall given Im developing the land.

My neighbour's retaining wall is bulging & they refuse to repair it. It is theirs, not mine, some one in the past has planted bushes & these roots have pushed out the stone wall. I did offer to help them with it,but they are refusing to remove the bushes & are trying to get me to do all the work at my cost, they have suggested that I move the wall over onto my land. as they want to keep the bushes? How much does it cost to take some one to court over this? My first move would be a solicitors letter, but I dont think that would be enough. Thanks

Yes I hear what your saying, I sure the ground both sides has not been disturbed for over 60 years. The bushes have been planted recently say 15 years, their garden is quite narrow the prevoius owners made the mistake of planting the bushes on their side as close to their retaining wall, then the roots have grown down pushing out the retaining wall. The legal position is that their bushes have damaged their wall, & its down to them to repair the damage.

Thanks for taking the time for such a thoughtful reply. Next doors buildings are far away, about 15m, & are off at right angles to how the land would slip, so even if things did go bad & a collapse happened, it would be just their garden,, the ground is compact & has not been dug for many many years. ( that's my land & next doors garden). Having said that, they have large bushes planted on their side bang tight up to their retaining wall, for 5-6m mid way along, the roots have pushed out their R' wall, bulging out over my land I had offered to help push their wall back but they said I should do /pay for it given I'm doing the development work. Looks like Ill have to take legal action to get them to do some thing about it. It is their wall not mine. Yes, capping the retaining wall with a slab sounds like a good plan. The site is quite small, I don't have much of an option to maximise the space for sun light etc. Ill get some pics up soon showing the site plans. I might add, the neighbours are the most unpleasant people, they have recently moved there, & have done every thing possible to give me a kicking over my project, writing on my application the most stupid complaints, & reporting me to Building Control, trying to make out I had started works before getting the P'Permission.... there was a small chance I could have lost my CIL exception. ....

As said, I do have some water passing through this land, but not massive amounts, would people advise me to do this in the driest summer months? thanks

Oh, is that Warwick council? Im dealing with Stratford O'A' council hope i have a better time....

Oh well, quess Ill just have to pay up, thanks for the comments..

Its just more of the sense of entitlement by so called professionals, these people are parsites, bit like an MP .......

Im not sure if I should make an issue of it, dont want them to give me a hard time over it in return.......

Yeah, its piss poor, Ive opted to not use a solicitor & Im representing myself, I was under the impression that it was straight forward document? Am I asking for trouble? thanks

I have had to agree on a S106 agreement, that is to sell if possible the new house to a local person when I move on. The preferd solictors of the council have emailed me stating they estimate that they need £750 for the work to prepair the document. Is this S106 a standard agreement of 2/3 pages? am I been taken to the cleaners on this?. They state an hourly rate of £250. The planners screwed up my free second go at the application, & Ive allready had to pay twice & had a massive time delay, so I dont feel very inclined to allow some grifter solicters to have me over. As a side note, I was involeved in a lease for a commercial property by a leading solicters in my area, a docment of some 20 odd pages with several questions going back & forth, this cost about £1700. Should I just swallow it & pay up? thanks