Boundary wall issue with threats from developers next door - please help!

[Lioninthesun]

My house has a lean-to which I have recently renovated with safety glass at some considerable cost. This is supported by the boundary wall, as with many Victorian properties. Everything is fine although the wall does need repointing in some areas, it is purely because the house was built 1902 but is not at risk of collapse.

However, developers have bought the newer house next door and have had plans accepted to demolish and rebuild in our style to match the street. They want to dig foundations 1 meter from this boundary wall. They have sent a surveyor around who has said this would need urgent work as it would likely collapse.

So far I am refusing to pay (they want me to pay all) as it is not designated as my boundary wall on the map and therefore at the minimum we should go 50/50 (I hope I am right there) but mainly because there is no issue with the wall currently. If they didn't want to dig so close it would be fine for another 50 years! I feel it is unfair to ask me to pay when it is only their interference that is causing threat to it.

I also want to ensure that they don't cause subsidence in the property with their digging and would like to have a contract that states they will pay any repair work caused by their digging in the next 10 years or similar... I don't know if that is possible though?

I have just had a letter from their solicitor threatening to get the Council involved as the wall poses a risk to health! which I am treating as an empty threat, but feel I now need legal advice. Can anyone help?

[Lambzig]

Can I suggest you post your problem in the boundaries section on gardenlaw.com on the forum as there are lots of experts on there who may be able to help you or understand if the party wall act is relevant to protect you.

They have helped me in the past.

Also do you have any legal advice included in home insurance, union membership, etc as that might be a quick access to advice?

[ElsieMc]

I am following this with interest as my neighbour has planning permission for a two bed bungalow and the access is relying on my high dry stone wall, without foundation, to shore up and support heavy good access. I have rightly objected. The Council have said she needs to find another route onto site rather than bring about an "unsafe structure".

I think they are expecting you to subsidise their building work, which is nonsense. The wall is sound so do get it photographed.

Another issue they have not mentioned is the Party Wall Act. They will need your permission for their work and you could be difficult over this, although the act is not intended to stop building work. It is down to them to sort this out, not you. I think for this reason alone their solicitor is trying it on.

[Lambzig]

sorry its gardenlaw.co.uk

[Lioninthesun]

Yes, I do think they are trying it on - they are set to make over £1mil from this, so you would think a grand or two to re-point a wall wouldn't be an issue, but if they want a delay I'm certainly set to give it to them! They have already taken down trees without council permission (in a protected area) and lied that they were a couple moving in to make it a family house (turns out they are developers from London and were letting the property rot to get backing for their planning permission) so they aren't making it easy to like them and get on...

Thank you Lambzig I will have a look now.

[OliviaBenson]

Is there a party wall agreement? They need to instruct a surveyor in your behalf. I think they are trying it on personally. If anything collapses it should be covered by the party wall act and they should pay.

[TwoAndTwoEqualsChaos]

Another one here to say that this is why the Party Wall Act exists. To cut a long story short, if there isn't agreement, you both end up with a surveyor each, acting in your interests and they'll have to fund it.