Party wall issue

[deancatherine09]

All

 

So we are 75% through the build of our house (MBC twinwall with passive raft). Doing exterior cladding & first fix at the moment.

Relations with neighbours were great until planning went in and then they immediately stopped talking to us and started creating problems. 

 

They have now, I feel, come to the realisation that no matter what they try to do to us, we ignore and carry on so they have started trying to separate themselves from us (great as they are nutcases!).

 

As part of that, they started to erect a fence on the boundary line, however in doing their preparations for such fence, have removed a retaining wall on their property and excavated 1-2m of earth (retaining wall on their property, so obviously they want to erect the fence at the lower level & at the boundary). The retaining wall was about 0.8m high, ish and retained the soil on our property.

 

Problem is, where they have excavated is within 0.5m of our compacted hardcore under the EPS base, and 1.8m from said EPS base. It's lower down than the founds. I don't believe they are planning on replacing the retaining wall further back as they have dug fence post holes right next to boundary line. I think their intention was to just put up the fence and tell us the soil retention was our issue?

When we realised we immediately sent them a cease & desist letter requesting that they stop the work and follow the Party Wall Act. No response (although they have seemingly stopped work on that area). This happened on Tues 15th and we delivered letter Weds 16th by hand, with another copy send via post.

 

We are also following up with a surveyor.

 

My quandry now is, should we tell insurance company (Protek)? Technically there is no visible slippage of the soil etc, no visible structural damage to the frame / foundations and thus no actual damage to claim YET but I am sure they would be interested?

 

 

[deancatherine09]

Diagram below shows house, red line is hardcore. Second pic is aerial view of what they have dug, green line original retaining wall.

 

 

Edited August 22, 2023 by deancatherine09

[joe90]

I think the 45’ rule would apply (45’ down from your foundations which I would consider the hardcore to include) but I think your original SE would need to know this and give his opinion. Neighbours eh! Some people just hate to see others getting on.

Edited August 22, 2023 by joe90

[ProDave]

And a sketch of a section through the ground, and foundations to see how the 45 degrees from the foundations compares to the excavated ex retaining wall.

[Temp]

Do the deeds for either property say anything about the retaining wall? That's first place to look.

 

Otherwise I think you need legal advice. Because of this....

 

https://www.designingbuildings.co.uk/wiki/Right_of_support

 

Quote

Where properties adjoin, there may be a mutual right of support for both land and buildings. This can apply to buildings that are joined, buildings that rely on the support of adjacent land, and to the land itself. This means that if works are carried out to land, buildings, retaining walls, excavations and so on, or if structures are demolished, the right of support of adjoining properties must be maintainedSupport may be ‘subjacent’ (from below) or ‘adjacent’ (from the neighbouring property).

 

The right to support arises naturally for land and this right cannot be removed. If support is withdrawn, resulting subsidence, damages may be sought. However, this natural right does not apply to buildings.

 

Where one party places an additional burden on the land, for example by building on it, there is no natural right of support, but one can be acquired:

 

Where it is expressly granted. For example it may be set out in a conveyance deed or a transfer deed.Where it is impliedly granted or reserved. For example if properties are separated and the right was intended or mutual.By prescription. Where the additional burden has existed for 20 years or more.

 

The acquisition of this 'easement' (a right which a person has over land owned by someone else) cannot be prevented.

 

The Party Wall etc. Act establishes a procedure for carrying out work to walls, boundary walls, party structures (such as floors) and excavations within 3 or 6 metres of a neighbouring building or structure (depending on the depth of the hole or of the proposed foundations). The Act requires that anyone carrying out such works must give notice of their intentions to adjoining owners and sets out procedures in the event that the adjoining owner does not agree to the proposed works. See Party Wall Act for more information.

 

 

In short you may only have a right to claim for damages to your land not to your house. I think you will need to build your own retaining wall fully on your property.

 

Had the wall been on the boundary.... unless the deeds say otherwise, it is generally accepted that the wall its in shared ownership. The person whose land is retained by the wall is responsible for most or all of its repair and maintenance. He might have been guilty of criminal damage for destroying your share of the wall.