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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to think my neighbour should not be able to attach a structure to our house without asking...or actually at all?

177 replies

bigmouthstrikesagain · 30/10/2011 19:22

But he has.

It is a wooden structure very basic clearly for storage but he has drilled into and attached it to our wall which is the boundary between our house and his property. So he has joined our formally detatched houses.

Shurely shome mishtake!? He is a nice young man with a nice young family so I am surprised, and not v happy. Willing to be reasonable but we do not want anything attached to our house so there will need to be action on his part.

Anyone got a similar issue/ wisdom/ experience to share?

OP posts:
SDTGisAnEvilWolefGenius · 31/10/2011 23:37

I have talked to dh about this, and his view is that it is criminal damage - your neighbour has no right to damage your property. I would be insisting that the structure comes down, and any damage is made good, to your standards, not his.

You also have a right of access to maintain your wall, dh says, and this structure he's built disrupts this access for maintenance, so is not allowed.

ChippingInAutumnLover · 01/11/2011 02:51

Nice of them to 'pop around' so quickly Hmm not really helping his cause is he??

Pendeen · 01/11/2011 09:52

Architect here not a lawyer but I believe the Party Wall Act applies to this situation.
Essentially it is only a guide to what any polite and reasonable person should do anyway

PWA Guide

It never fails to surprise me what neighbours will do. I have had to advise bully many clients to follow the procedures in the PWA for extensions.

Bramshott · 01/11/2011 10:06

It can be complicated though can't it. We are a semi and next door have extended at the back so that their kitchen wall is the boundary, followed by a bit garden wall. I have drilled into the garden part of the wall to attach some planters without asking, but went round and asked them before we attached our oil pipe into their kitchen wall (not sure what I would have done if they'd said no though!). The log store we have there is freestanding.

Countingwiththecount · 01/11/2011 13:21

Grrr. I want to smash the effing thing down for you.

Currently battling the neighbour on their gigantic hedge which is growing up over my plants and killing them. (It's allelopathic- murderous thing)

bigmouthstrikesagain · 01/11/2011 13:30

Thank you for all your messages - I am still waiting for the 'pop round'

I am verrrrrry patient though [taps foot] [adjusts curtain]

OP posts:
bigmouthstrikesagain · 01/11/2011 13:32

so in the meantime if anyone wants to help me find an evening dress.... then by all means do

OP posts:
Katisha · 01/11/2011 17:02

Time to send DH round again?

chachy · 01/11/2011 17:32

send dh round - cheeky fecker!

ChaoticAngel · 01/11/2011 17:56

I suggest you, or your DH, go back around again or you may be waiting forever.

LemonDifficult · 01/11/2011 20:50

OP, do you think they might just 'forget' to pop round?

jumpingjackhash · 02/11/2011 09:31

I also think you need to go around again, they may well be hoping you'll forget and it will 'go away'!

Indaba · 02/11/2011 19:53

I'd talk to local council and get their advice.

My experience of town planning offices are that have been fab.

think you should find out what law is and then it'll make discussions a lot easier.

Where do you live?

ScarlettIsWalking · 02/11/2011 20:43

Bloody cheek! And how rude not to come around. Believe me this guy is not so " nice"...

AurraSing · 02/11/2011 20:47

Give me the address and I'll go round. He can't be the busy that he hasn't has the time.

iloverainbows · 02/11/2011 20:53

This, as a previous poster has stated, is actually criminal damage. However you need to be aware (I believe) that if you take structure down you need to be very careful not to damage it as you would be damaging their property. That said I would not say this to them just yet, I would, in no uncertain terms, tell them that it is not acceptable and it needs to be taken down and your wall put back right i.e any holes filled etc. The problem you may have is that the walls will not support this structure and may therefore cause damage over time that you cannot see.

dearprudence · 02/11/2011 22:34

Still not been round? Cheeky beggars.

PenguinsAreThePoint · 02/11/2011 22:36

This reply has been deleted

Message withdrawn at poster's request.

bigmouthstrikesagain · 03/11/2011 00:04

Hello - no update I am afraid - we will probably tackle them again soon but are keen to take a 'softly softly catchee monkey' approach to maintain good relations as much as possible (within reason).

But we have had an anonymous note from a '[my road name] resident' requesting we cut back our hedge which is very interesting timing as we have never had anything like that before. But it could be a coincidence, our hedge is due a trim (but it isn't a hazard).

OP posts:
oksonowwhat · 03/11/2011 09:59

Just caught up with this thread. Oh i would be WELL fed up! What a cheek!!!

Can't believe he hasn't popped back yet!!!! Is your hedge likely to be annoying them in some way or is it another neighbour?? I would trim the hedge asap to show that i'm doing everything to keep happy relations then go round again to ask about the monstrosity.

mateysmum · 03/11/2011 10:27

Bigmouth you are obviously far too nice and patient. He is just hoping you will forget about it, but we MNs won't let you.
The sooner you tackle this the better. Be polite, but be very clear that this structure has got to go by - say 2weeks hence.That's more than fair. Give him the legal reasons why. You don't need to threaten, but the mention of you protecting your legal rights might make the penny drop.
In the meantime, give your hedge a haircut, meanwhile glaring at the neighbours' house to draw them out by the sheer force of your willpower.

ShroudOfHamsters · 03/11/2011 12:11

The trouble with taking a softly softly approach with a situation like this - where the other party has shown that they are prepared to be breathtakingly cheeky - is that you will come across to them as the weaker party, and they will just keep on being cheeky.

You're thinking of this like a non-cheeky person, and that's a mistake. As in, you'd never do something like this without permission, and if you did have a situation where you'd inadvertently pissed off a neighbour, you'd be eager to get it sorted asap. You're applying that thinking to them, and reckoning that as they'll soon come around and be full of apologies, it's better not to be heavy handed now.

WRONG. They aren't thinking like that. They're the kind of people who think 'oh, I'll fix it to their wall, bet they won't say anything.' They sound pushy, potentially troublesome. Do they seem sorry/worried that they've caused an issue? No! They're either sitting it out and waiting to see what you actually DO, to see if they can get away with it, or they really actually don't care at all, and when you do go to speak to them, they'll probably get arsey.

The best approach with this kind of person, and oddly enough the one most likely to nip trouble in the bud, is to be FIRM. Polite, smiley, friendly, but with a completely non-negotiable rottweiler core.

You need to go around there. Big smiles. Please can I come in to discuss the issue with the building damage to our wall? No? You're busy? I'd like to fix a time now to discuss it. We do need to get it sorted, we're very unhappy with the damage and need to get the structure removed urgently and the damage repaired before winter hits. Can you confirm that you can get the structure removed in the next two weeks, please. We've looked at the extent of damage that there's likely to be once the items hammered into our wall are removed, and our solicitor has advised that it should be a simple case of us approving your suggestion on how you make the damage good, and you obviously funding the repair. Hopefully it won't take too long or be expensive. Unfortunately you need to get it done quickly, as this is trespass.' No discussion,very polite, very very firm.

You waiting for them to take the initiative is putting YOU on the back foot.

What this will achieve is to let them know that you are lovely people but you won't stand for them taking the piss. So in future, they won't try and take the piss, because it's not worth their while. And you might well get on famously. Because they'll respect you. Unlike right now!

bigmouthstrikesagain · 03/11/2011 12:35

Shroud and others giving me a well timed kick Wink thank you.

If it was just me then you are entirely right I would be too nice and non-pushy.

However I married a much 'pushier' person and so I will not be allowed to let it lie - I am cooling my heels over the week the neighbour may not be around or he may be waiting for the weekend. But we will push our agenda forwards if they do not make any effort - as we are not about to put the house on the market, we may just check what has been actually done, as we have not seen the fixings from their side yet, then make it clear we want it gone by the Summer. Of course if there is any chance there could be damage or damp caused by leaving it then we will expect more immediate action.

OP posts:
YaMaYaMa · 03/11/2011 13:03

By summer?? Nooo! It needs to go quicker than that!

I love a good 'cheeky bastard' thread. That one with the woman who was going to block her neighbour's right of way was pretty good. The OP was a law student and started off being arsey with the neighbour, who turned out to be a litigator Grin Was most amusing, particularly as the OP at no point could see that she was being entirely awful.

Also, one in which the OP's new neighbour informed her she would be closing off the shared passageway way between their 2 terraces and then sent her the legal docs for her to sign, which noted that it had already been agreed verbally Shock

The arse on some people Shock

ShroudOfHamsters · 03/11/2011 13:13

No no no no no!!!

The summer? As in, it might stay for nine months or so?

No way- that would be MADNESS. You're basically condoning it if you let it stay for anything like that timeframe. If you want to have any luck with getting them to remove it AND make good the damage, you NEED to kick off - to let them know you WON'T stand for it.

If you want a good 'excuse' - the winter coming is your best one.

'We need it removed within two weeks, because we want any damage caused repaired properly before winter. If you don't remove it by then, we'll have to get someone to demolish it, and you will be billed, just as you will be billed for any issues with damp/water ingress/damage to rendering on our wall.'

Thing is, this is the test for your relations for the future. This will set the tone. They're cheeky beggars - that much has been established. If you DON'T go ballistic (in a controlled, nice way, obviously :) ) at this, then chances are this will only be the first of many things... fence repairs... noisy parties... you name it, if you don't want to stamp MUG on your forehead at this first interaction with them, you need to play (nice) hardball RIGHT NOW.