Party Wall Boundaries

[joe90]

2 minutes ago, TonyT said:

Kill the Ivy

cutting through the vine about 12inches above the ground and treating the freshly cut vine with glyphosate weed-killer, this will kill the ivy, 

[Rob99]

1 hour ago, Meechl85 said:

he’s so arrogant and objects to other neighbour’s plans on their own properties! Either side we have to maintain his rampant ivy

Your neighbour is a bully and allowing him to get away with this just reinforces his behaviour. You must take legal advice. If it were me I'd be very much taking him to court to remove his extension from your wall as the facts are indisputable.

 

It's shocking that he thinks he can get away with it. If he is an Architect or Chartered Surveyor (you state both so not sure which) and relies on that accreditation for work, then I would also complain to the relevant RIBA/RICS professional standards office about his behaviour.

 

And unfortunately, even if you do nothing now to resolve this issue, you will still have to declare this if you sell the house. You may not be "in dispute" with your neighbour but you are now aware of this.

[Meechl85]

1 hour ago, joe90 said:

cutting through the vine about 12inches above the ground and treating the freshly cut vine with glyphosate weed-killer, this will kill the ivy, 

Tried this nothing works! 

[TonyT]

1 hour ago, Meechl85 said:

Tried this nothing works! 

Try harder he’s a prick

[Meechl85]

59 minutes ago, TonyT said:

Try harder he’s a prick

I’ve decided I am going to carefully take the wall down to minimise damage and hold up his roof with scaffolding! 

[Gus Potter]

2 hours ago, Meechl85 said:

I’ve decided I am going to carefully take the wall down to minimise damage and hold up his roof with scaffolding! 

It's late here for me but I have to say and please excuse the spelling / grammer.

 

Hold the bus here, if you do this, although very tempting, you are on a very rocky road.  I would advise not to do this. Take this action and you will in my view come off much worse and expose yourself to a big legal bill and, worse.. You have other options. These are :

 

Go back to basics, get some local authority weight on your side, with their financial clout.

 

Here are a few points to give you a flavour on how you can get this under control, and maybe benefit as an unintended consequence. I can expand later if you wish.

 

Write to the council and say that you have a concern that they have built a habitable structure on an unproven foundation. Explain that they have not had access to your land to determine the size of the existing foundations and thus if they have not done that then how do they know the (foundations) are safe.  Also ask about this being a fire boundary wall. These conditions apply. It may be that this "Architect" has not complied with the fire regs. Ask this question. I have a big check list but suffice to say once you start to ask legitimate questions then these can sway matters.

 

Next. I would have a guess that they have opened up more of the existing main terrace rear wall to create a more open plan space. If so who is the SE that has signed this off. To explain. If all the home owners in a terrace cut a big hole in the rear wall then the whole terrace of houses could be unstable.. thus this is a  public safety matter and that falls within the remit and expense of the council to pursue. Once you get this ball rolling then this "Architect" maybe can't sell on, maybe even can't rent it out as there is a fire safety / structural stability issue? To defend this the "Architect" needs to now defend against a well funded public body.

 

For me I would rip it to death on the structures, safety side and a bit of technical stuff, get the council on board and turn it around, your expense will be your time alone. If this does not work.. it usually does, then by all means consider the drastic legal option. One key is that as soon as you get the local authority behind you on the safety issues ( which what we all should be doing  as we don't want to live in houses that will fall down) then you are on the way to sorting it out.

 

It may even be that once you get this chancer on the back foot then there may be some compensation coming your way / agreement for you to build too should you wish?  The easiest and cheepest way is to hammer them on the engineering / safety side , it's  often a winner as this is where they (chancers) are weak! 

 

 

 

 

 

 

 

 

[Meechl85]

7 hours ago, Gus Potter said:

It's late here for me but I have to say and please excuse the spelling / grammer.

 

Hold the bus here, if you do this, although very tempting, you are on a very rocky road.  I would advise not to do this. Take this action and you will in my view come off much worse and expose yourself to a big legal bill and, worse.. You have other options. These are :

 

Go back to basics, get some local authority weight on your side, with their financial clout.

 

Here are a few points to give you a flavour on how you can get this under control, and maybe benefit as an unintended consequence. I can expand later if you wish.

 

Write to the council and say that you have a concern that they have built a habitable structure on an unproven foundation. Explain that they have not had access to your land to determine the size of the existing foundations and thus if they have not done that then how do they know the (foundations) are safe.  Also ask about this being a fire boundary wall. These conditions apply. It may be that this "Architect" has not complied with the fire regs. Ask this question. I have a big check list but suffice to say once you start to ask legitimate questions then these can sway matters.

 

Next. I would have a guess that they have opened up more of the existing main terrace rear wall to create a more open plan space. If so who is the SE that has signed this off. To explain. If all the home owners in a terrace cut a big hole in the rear wall then the whole terrace of houses could be unstable.. thus this is a  public safety matter and that falls within the remit and expense of the council to pursue. Once you get this ball rolling then this "Architect" maybe can't sell on, maybe even can't rent it out as there is a fire safety / structural stability issue? To defend this the "Architect" needs to now defend against a well funded public body.

 

For me I would rip it to death on the structures, safety side and a bit of technical stuff, get the council on board and turn it around, your expense will be your time alone. If this does not work.. it usually does, then by all means consider the drastic legal option. One key is that as soon as you get the local authority behind you on the safety issues ( which what we all should be doing  as we don't want to live in houses that will fall down) then you are on the way to sorting it out.

 

It may even be that once you get this chancer on the back foot then there may be some compensation coming your way / agreement for you to build too should you wish?  The easiest and cheepest way is to hammer them on the engineering / safety side , it's  often a winner as this is where they (chancers) are weak! 

 

 

 

 

 

 

 

 

Hi Gus, thank you so much. Please expand further. Would you like my email address? 

[Meechl85]

On 23/03/2021 at 22:43, tonyshouse said:

The PWA has things to say about action after the event, he is on thin ice and in a loosing position. 
 

I have arbitrated in these kind of situations by talking to the neighbour, explaining what has happened and that the flying lease will cause problems for all. 
 

every time the offence was taken down/away. 
 

i would employ a surveyor and send him the bill. Then small claims court 

 

‘“Thou shalt not move thy neighbours boundary mark” basic to UK law 

 

The PWA 1996 does not make provision for after the event. My neighbour is arrogant and unapproachable. He simply does want he wants without consideration for his neighbours. He is adamant that he will not remove this structure and will fight me all the way. 

[TonyT]

Section 10 seems worth a look again

[tonyshouse]

He will loose 

[Meechl85]

2 hours ago, TonyT said:

Section 10 seems worth a look again

I’ve looked at s10 and I was advised by a legal expert that courts rarely rule that structures are removed because there is no provision in the act for this. They only offer monetary compensation for minimal damage. But thank you. 

[TonyT]

No worries only trying to help

i think you have a strong case

[Meechl85]

39 minutes ago, TonyT said:

No worries only trying to help

i think you have a strong case

Thank you TonyT. 

[Meechl85]

On 25/03/2021 at 12:43, Meechl85 said:

Hi Gus, thank you so much. Please expand further. Would you like my email address? 

Hi Gus,

I'm going to look at this angle. It’s one of the many positive responses I’ve received. Could you expand further on contacting the local council’s planning department please? 

[Meechl85]

21 hours ago, tonyshouse said:

He will loose 

I have no doubt of this and thank you. I just need to find the funding to peruse a court case. I’m exploring these avenues. Thank you again. 

[Roundtuit]

Sorry, can't add anything other than 'Good luck!', but please keep us informed.  Your neighbour sounds like a weapons-grade ar$ehole, and your journey through this (whatever the outcome) will be helpful to others.

[joe90]

43 minutes ago, Meechl85 said:

I just need to find the funding to peruse a court case

I did ask before, have you found out if you have legal cover with your house insurance/mortgage???

[Meechl85]

6 hours ago, joe90 said:

I did ask before, have you found out if you have legal cover with your house insurance/mortgage???

Hi Joe90,

apologies, yes I do. But whether they will fund the legal costs, is another matter. 

[Meechl85]

6 hours ago, Roundtuit said:

Sorry, can't add anything other than 'Good luck!', but please keep us informed.  Your neighbour sounds like a weapons-grade ar$ehole, and your journey through this (whatever the outcome) will be helpful to others.

Thank you Roundtuit, I will keep this post regularly updated of any developments. If I can help anyone else avoid this nightmare I would be really happy. I wouldn’t wish this on my worst enemy. It’s so unfair.