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48 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?

 

Because before this happened, there was a chance to negotiate a proper party wall that was on the boundary. As it is, the neighbour's extension is on his land.

 

What if he'd wanted to replace that wall? The neighbor has stolen from him the right to control his own wall on his own land.

 

It's theft, plain and simple.

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The overhanging gutter is trespass.  Building up to the party wall is acceptable.  You can do likewise your side.

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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 

 

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1 hour ago, Mr Punter said:

The overhanging gutter is trespass.  Building up to the party wall is acceptable.  You can do likewise your side.

 

Except it isn't and never was a party wall. The wall is entirely on his land. Yet the neighbour appears to have put his roof joists on top of it,

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6 hours ago, TonyT said:

Can you not speak to the planning /building control dept at the council??

They said it was a civil matter. 

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Ok,  but surely planning are concerned about if you own the property when an application is made ?  Not so if 8” is on your land so the application is based on a lie?

 

 

 

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16 minutes ago, TonyT said:

Ok,  but surely planning are concerned about if you own the property when an application is made ?  Not so if 8” is on your land so the application is based on a lie?

 

Not at all. You can get planning permission for someone else's property without their permission. How is this different?

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Isn’t one of the tick boxes -do you own the property?

 

so I think it would be an avenue to explore with planning

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If you have legal cover with your house insurance I would initially ask their advice.

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14 hours ago, jack said:

 

Because before this happened, there was a chance to negotiate a proper party wall that was on the boundary. As it is, the neighbour's extension is on his land.

 

What if he'd wanted to replace that wall? The neighbor has stolen from him the right to control his own wall on his own land.

 

It's theft, plain and simple.

This is exactly how I feel. If I plan an extension I can’t do anything without his permission, on my garden wall. The man is a chartered surveyor and has done this deliberately, because he can and to save money. 

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2 hours ago, jack said:

 

Not at all. You can get planning permission for someone else's property without their permission. How is this different?

He didn’t need planning permission because it a small extension. 

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15 hours ago, joe90 said:


greenery in the way to see properly, @Meechl85 can we have a better picture?

 

50E42A85-C0FB-4C64-9CBA-46F4900D9990.jpeg

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Do you have legal cover with your house insurance, ? 

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29 minutes ago, Meechl85 said:

 

50E42A85-C0FB-4C64-9CBA-46F4900D9990.jpeg

Sorry but that’s worse, if you say the wall is 8” wide and fully within your property (as defined by the render/pebble dash edge) then it’s your wall. As @PeterStarck and I said, get legal advise, it’s a civil matter and your neighbour thinks you will not challenge him.

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1 minute ago, joe90 said:

Sorry but that’s worse, if you say the wall is 8” wide and fully within your property (as defined by the render/pebble dash edge) then it’s your wall. As @PeterStarck and I said, get legal advise, it’s a civil matter and your neighbour thinks you will not challenge him.

How is this worse? Thanks for your input. 

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1 hour ago, Meechl85 said:

 

50E42A85-C0FB-4C64-9CBA-46F4900D9990.jpeg

That looks like a picture from the neighbours side.  the previous picture was from your side.  What is needed is a picture dead along the boundary line.

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9 minutes ago, ProDave said:

What is needed is a picture dead along the boundary line.

Or a little drawing with measurements!

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Posted (edited)
6 hours ago, joe90 said:

Or a little drawing with measurements!

The boundary is where the pebble dash begins and his brickwork. If you look at the fascia on his roof you can see he has built it nearly an inch over on top of my wall. 

Edited by Meechl85
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2 minutes ago, Meechl85 said:

The boundary is where the pebble dash begins and his brickwork. 

So is “your garden wall”  to the left of that line?, if so it’s your wall definitely and you need to decide how best to go about challenging your neighbour, as it’s a civil matter solicitors will need to be involved (unless you go round and beat him up 😱).

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On 23/03/2021 at 20:44, jack said:

 

Because before this happened, there was a chance to negotiate a proper party wall that was on the boundary. As it is, the neighbour's extension is on his land.

 

What if he'd wanted to replace that wall? The neighbor has stolen from him the right to control his own wall on his own land.

 

It's theft, plain and simple.

I have a mind to remove my wall brick by brick carefully and support his extension with scaffolding. 

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Posted (edited)
1 hour ago, joe90 said:

So is “your garden wall”  to the left of that line?, if so it’s your wall definitely and you need to decide how best to go about challenging your neighbour, as it’s a civil matter solicitors will need to be involved (unless you go round and beat him up 😱).

That’s very tempting he’s so arrogant and objects to other neighbour’s plans on their own properties! Either side we have to maintain his rampant ivy, which is insidious! 

Edited by Meechl85
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Thing  is you need to sort it now not in x years time when you want to build an extension, he would then say he was not challenged at the time he built his. 

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1 minute ago, joe90 said:

Thing  is you need to sort it now not in x years time when you want to build an extension, he would then say he was not challenged at the time he built his. 

I challenged him and he refused to budge! He has blatantly lied about the party wall and I can prove this. There never was a party wall until he created one. 

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25 minutes ago, Meechl85 said:

There never was a party wall until he created one. 

No he has not, a party wall must straddle the boundary and your wall does not straddle the boundary. Time to engage a solicitor, I think I asked before, do you have legal insurance with your house insurance? Frankly it’s your only option (apart from demolishing the wall).

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