Meechl85 Posted March 21, 2021 Posted March 21, 2021 My neighbour built onto my garden wall which was adjacent to our boundary, creating a part wall. He then claimed my garden wall was a party wall without serving a PWA. This structure encroaches on my property by 8 inches. I’ve asked him to remove it but he has ignored me. He is an architect and is a law unto himself. Can anyone offer a solution?
Mr Punter Posted March 21, 2021 Posted March 21, 2021 So this is an existing party wall built on the boundary and he has built onto it? Did he serve a Party Wall notice? A bit late now as the work is done but for others you could have obtained a High Court injunction if he refused to stop work, although you would be at risk of costs if you did not succeed. Which bit did he build that encroaches on your property?
Temp Posted March 21, 2021 Posted March 21, 2021 Is the wall entirely on your side of the boundary? If so then he is in the wrong and cannot simply turn it into a party wall just by building on it. The encroachment over the boundary amounts to trespass. See down this page.. https://www.duncanlewis.co.uk/Actions-in-trespass.html However taking court action is expensive and courts have been known to award trivial damages where they consider the infringement to be modest. The court might award you a few £hundred and allow the trespass to continue. Most solicitors will give you 30 min free to discuss a problem. I suggest asking one to recommend a course of action and estimate the cost involved. Sadly if you dont like those costs there is little you can do apart from trying a no win no fee outfit. You could start with a solicitors letter asserting your rights over the wall and pointing out that as it is entirely on your land it is not a party wall and that his work does not make it a party wall. You could consider allowing him to continue to use the wall provided he sign a formal agreement to facilitate any extension you wish to build on your side. Ask the solicitor to quote to draw up such an agreement that can be added to his deeds.
Meechl85 Posted March 22, 2021 Author Posted March 22, 2021 12 hours ago, Temp said: Is the wall entirely on your side of the boundary? If so then he is in the wrong and cannot simply turn it into a party wall just by building on it. The encroachment over the boundary amounts to trespass. See down this page.. https://www.duncanlewis.co.uk/Actions-in-trespass.html However taking court action is expensive and courts have been known to award trivial damages where they consider the infringement to be modest. The court might award you a few £hundred and allow the trespass to continue. Most solicitors will give you 30 min free to discuss a problem. I suggest asking one to recommend a course of action and estimate the cost involved. Sadly if you dont like those costs there is little you can do apart from trying a no win no fee outfit. You could start with a solicitors letter asserting your rights over the wall and pointing out that as it is entirely on your land it is not a party wall and that his work does not make it a party wall. You could consider allowing him to continue to use the wall provided he sign a formal agreement to facilitate any extension you wish to build on your side. Ask the solicitor to quote to draw up such an agreement that can be added to his deeds. 16 hours ago, Mr Punter said: So this is an existing party wall built on the boundary and he has built onto it? Did he serve a Party Wall notice? A bit late now as the work is done but for others you could have obtained a High Court injunction if he refused to stop work, although you would be at risk of costs if you did not succeed. Which bit did he build that encroaches on your property? No the wall was adjacent to the boundary on my property on the left hand side. He wanted to save money by using the foundations of the wall. The problem is that if I or prospective owner want to build an extension the encroachment will create unnecessary problems.
tonyshouse Posted March 22, 2021 Posted March 22, 2021 I think he has to take it down, you are now in a dispute with your neighbour and should talk to them, explain, the boundary line is clear from the chimney there could be a claim against the architect and I would recommend taking advice from a party wall surveyor or solicitor. I would pay for a report by a surveyor and keep a diary of events with photos, notes of conversations, actions and advice
Temp Posted March 22, 2021 Posted March 22, 2021 8 hours ago, Meechl85 said: No the wall was adjacent to the boundary on my property on the left hand side. He wanted to save money by using the foundations of the wall. The problem is that if I or prospective owner want to build an extension the encroachment will create unnecessary problems. He is allowed to use the foundations of the wall if they extend over his side of the boundary. What he can't do is use your wall in any other way. Eg he can't rest the roof members on top of the wall or fix them to the side. If the wall is entirely on your property you could knock it down and replace with a chain link fence or bushes if you wanted.
joe90 Posted March 22, 2021 Posted March 22, 2021 1 hour ago, Temp said: If the wall is entirely on your property you could knock it down and replace with a chain link fence or bushes if you wanted. Yes this went through my mind. Tell him you are demolishing YOUR wall and giving him adequate notice. That will wake him up!!!
ProDave Posted March 22, 2021 Posted March 22, 2021 Do you really want to enter a formal dispute with your neighbour? That would have to be declared if you sell the house and might put buyers off? What damage have you really suffered as a result of this? Is it really worth the agro this is going to cause you to rectify any damage? I agree it was bloody cheeky not to involve you, but this looks to me like a cut off your nose to spite your face situation?
Temp Posted March 22, 2021 Posted March 22, 2021 Indeed. What you can do and what you should probably do are different. I would at least lean on him a bit to try for a formal agreement so that it doesn't cause issues when you sell.
Meechl85 Posted March 23, 2021 Author Posted March 23, 2021 On 22/03/2021 at 13:07, Temp said: Indeed. What you can do and what you should probably do are different. I would at least lean on him a bit to try for a formal agreement so that it doesn't cause issues when you sell. He won’t budge. He claims there was a pre-existing party wall, but he never submitted a PW agreement.
Meechl85 Posted March 23, 2021 Author Posted March 23, 2021 On 22/03/2021 at 12:14, joe90 said: Yes this went through my mind. Tell him you are demolishing YOUR wall and giving him adequate notice. That will wake him up!!! I tried that but he did nothing. He’s sealed his extension on my garden wall. I would demolish it but it’s not worth the legal consequences.
Meechl85 Posted March 23, 2021 Author Posted March 23, 2021 On 22/03/2021 at 12:29, ProDave said: Do you really want to enter a formal dispute with your neighbour? That would have to be declared if you sell the house and might put buyers off? What damage have you really suffered as a result of this? Is it really worth the agro this is going to cause you to rectify any damage? I agree it was bloody cheeky not to involve you, but this looks to me like a cut off your nose to spite your face situation? It would seem so but the wall is on my side of the boundary. If I build an extension it’s not going to be regular because I can’t remove the wall. He is a chartered surveyor and has done this deliberately when he had space on the other side of his property.
Meechl85 Posted March 23, 2021 Author Posted March 23, 2021 On 22/03/2021 at 12:29, ProDave said: Do you really want to enter a formal dispute with your neighbour? That would have to be declared if you sell the house and might put buyers off? What damage have you really suffered as a result of this? Is it really worth the agro this is going to cause you to rectify any damage? I agree it was bloody cheeky not to involve you, but this looks to me like a cut off your nose to spite your face situation? This is going to affect any planned extensions on my property. He has gained the use of 3/4 foot at my expense.
Meechl85 Posted March 23, 2021 Author Posted March 23, 2021 On 22/03/2021 at 10:50, Temp said: He is allowed to use the foundations of the wall if they extend over his side of the boundary. What he can't do is use your wall in any other way. Eg he can't rest the roof members on top of the wall or fix them to the side. If the wall is entirely on your property you could knock it down and replace with a chain link fence or bushes if you wanted. To demolish the wall would leave me liable for his property damage. He has built up to and onto the wall.
Meechl85 Posted March 23, 2021 Author Posted March 23, 2021 On 21/03/2021 at 19:13, Mr Punter said: So this is an existing party wall built on the boundary and he has built onto it? Did he serve a Party Wall notice? A bit late now as the work is done but for others you could have obtained a High Court injunction if he refused to stop work, although you would be at risk of costs if you did not succeed. Which bit did he build that encroaches on your property? The left hand side of his roof with the pebble dashing. The wall is on my side of the boundary. He even used aged bricks and replaced the pebble dashing on the side of the wall so it’s not noticeable.
Meechl85 Posted March 23, 2021 Author Posted March 23, 2021 On 21/03/2021 at 19:13, Mr Punter said: So this is an existing party wall built on the boundary and he has built onto it? Did he serve a Party Wall notice? A bit late now as the work is done but for others you could have obtained a High Court injunction if he refused to stop work, although you would be at risk of costs if you did not succeed. Which bit did he build that encroaches on your property? The coping stone on top of my wall and the guttering which overhangs my property. This photo was taken before the guttering was added. In effect I had a redundant wall that I can’t use to modify my property.
jack Posted March 23, 2021 Posted March 23, 2021 I'm not sure what else there is to say. You appear to have investigated the options and realise that it's too late to stop him and you can't just take the wall down (not that you should have to remove a wall on your own property in order for prevent someone else building on it and effectively stealing your land). Unfortunately, you're need to get the courts involved if you want to pursue your rights. Chances are you'll get costs if everything you say above is true, but they won't cover everything. You therefore need to speak to solicitor to see what the procedure and costs would be, and weigh that against what you've lost. The guy next door sounds like a proper piece of work. Not sure how I'd react to this sort of behaviour.
TonyT Posted March 23, 2021 Posted March 23, 2021 Can you not speak to the planning /building control dept at the council??
ProDave Posted March 23, 2021 Posted March 23, 2021 But it is still YOUR wall. If you want to extend you can still join to your side of it. If you want to extend 2 storeys you can build on top of it (if the foundations can take it) I still don't see you are in a bad position? But the lesson to anyone reading, as soon as you see your neighbours planning permission, THAT is the time to bring up the PWA with the neighbour. and if they have not engaged with you, bring it up with building control if they start work without agreement from you. 1
jack Posted March 23, 2021 Posted March 23, 2021 8 minutes ago, ProDave said: I still don't see you are in a bad position? He's just had a strip of land stolen from him. Would you be cool with that?
ProDave Posted March 23, 2021 Posted March 23, 2021 2 minutes ago, jack said: He's just had a strip of land stolen from him. Would you be cool with that? I am still not understanding that please try again to explain how he now has less land than before the extension?
joe90 Posted March 23, 2021 Posted March 23, 2021 Having read all the above going to a solicitor is your best option IMO. He does sound like an arrogant bar stuward . Unless you fancy demolishing the wall as an option b.
TonyT Posted March 23, 2021 Posted March 23, 2021 8 minutes ago, ProDave said: I am still not understanding that please try again to explain how he now has less land than before the extension? If you look at the first picture, the gable is split in 2, one half brick one half render, with an extension spanning on the right hand side encroaching onto the left property
joe90 Posted March 23, 2021 Posted March 23, 2021 5 minutes ago, TonyT said: If you look at the first picture, the gable is split in 2, one half brick one half render, with an extension spanning on the right hand side encroaching onto the left property greenery in the way to see properly, @Meechl85 can we have a better picture? 1
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