Have namechanged.
Histoty: Our semi-detached neighbour bought house a few years ago. They immediately put in a planning application for an extension. Trouble is they put the boundary line in our garden and were going to build their extension across onto our property. We didn't know what was the basis for this, so we got a Chartered Surveyor, FRCS. He was an expert witness in party wall and boundary issues and had even been involved in the drawing up of the party wall act. He said the plans were incorrect and what they were putting down as solely within their property was in fact a shared party wall going right through the house on one plane and the boundary ran along the middle of that. They disputed this all the way through planning. The guy they had doing their plans was called a party wall surveyor. Seemingly if you are involved in something two party wall projects you can call yourself a party wall surveyor.
The planning decision refusal said they had to step in if further applications were submitted or else include our permission for them to build on our property.
It went to appeal and was again refused. Their party wall surveyor kept ringing up our charterer wall surveyor and said it was not a party wall. Neighbours even called to the door afterwards and said they were going to do permitted development of 3M, and were going to go ahead without a party wall award as IT WAS NOT A PARTY WALL. They didn't in the end. Sick up to the teeth of them. They never hired an expert and just tried to bully their way to building on our property.
Roll on five years. We took down our dilapidated fence, which was extending from our side of the party wall, completely on our property. It was very damaged and completely asked in a lot of parts because they had let their ivy run riot and they had made it slip and were breaking through the fence. Not just stems, but it had formed hugh thick branches. One area further on had managed to keep the line as it had a terrace behind it and a concrete post against it. It was askew at the top again and ivy woody bits were entwined.
Then comes an area at the end of the garden that had made everything flare up again. They have a garage that opens out onto the road. It is basically the full width of their garden. Our older fence stops before the garage. Then there is a dogleg with screening and trellis. It stops before end which is open. The area behind the trellis is the side of their garage. It is used exclusively by our property and you can take the trellis out and store stuff behind it which we did. It is screened but not fenced off. Huge ivy boughs had burst through the panel screening joining the trellis to the older fence.
They are disputing it all again and have said they will break anything down which goes up there. The fencers have had to stop work. They are not going to get a chartered surveyor. We have a chartered surveyors letter which was sent to them at the time of the planning application informing them where the party wall boundary line was and said it continued straight to the end of the garden. I think this would bring it to the side of their garage. Builders did width of their garden from a garden wall at their house and down below at side of garage and it is the same.
They say we are encroaching several feet onto their property. They have never hired a party wall or boundary expert. We had the sole use of the area behind the trellis as we stored stuff there and it was used as screening, not a fence. Really effing annoyed that we will have to probably have to hire the chartered surveyor again to pin point back boundary.
Oh another thing. He maintains where his ivy has pushed our fence now becomes part of his garden. It destroyed our fence. Panels couldn't slip or bend anymore and broke off from the posts. So, you obviously let your garden get overgrown and then you claim the area it breaks down fencing and grows onto. he wants us to leave a tree which has moved a fence post and the idea is that as it gets bigger onto our property, that then will belong to him.
Any suggestions. They are bullies. Do I get Chartered surveyor? If we have that for the end point, what do we do if he damages the fence which will have been put up completely on our own property? He will have been informed by the Charterer surveyor that the boundary runs through the party wall and in a straight line to the end. This is where we are putting the fence.
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neighbours disputing party wall and we need to put fence up
8 replies
partywallagain · 21/11/2017 13:28
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