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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Neighbours want 10k (party wall / tree related) AIBU?

55 replies

GingerDoodle · 07/07/2013 11:10

This is my first AIBU so please be gentle.

Background. Neighbours almost continually do stuff to the house; often at weekends and late into the evening (we've had to abandon the house due to noise on occasion!). We've had boundary issues (over about an inch of garden - their issue not ours!) and privacy issues (they shaved their trees so there was effectively no fence between gardens, we gave them over a year as they said they would put up fences, then offered to pay to do it ourselves - the woman was very arsey about it and refused - we eventually put a fence up on our side and left it at that.)

There is a small 3m x 2m brick wall that borders our back garden before the fences start. Some on our side, some on theirs; they wanted it knocked down as they say its subsiding and said they would pay (asked us for permission in writing). No problem we said just let us know when your going to do it - they never responded and this was Feb. We know know it's a party wall so I'm guessing they have realised they need something more formal.

Fast forward to now. We are planning a single story extension and almost a month ago asked them if we could take the wall down and rebuild at the time of building the extension ad would cover the cost. They verbally agreed.
Last week we had our building surveyor round and he suggested that instead of rebuilding the wall then our extension next to it that we simply make the extension wall the wall iyswim. Neighbour responded to my txt and popped down, seemed ok with it but obviously wanted to check with his wife. His only concern seemed to be that it would limit light onto his patio for a few hours (which is true but this will happen regardless) so we offered to pay him to take his trees down completely as this would let shed loads more light into his garden all day. Obviously this benefits us as we won't need deep foundations but the suggestion was initially made for the purpose of his light.

Last night they responded! I started reading and was impressed - they were being reasonable, happy to agree to the party wall, happy to remove the trees and replace with 6ft fence, happy to discuss us potentially using their garage and garden for access!

They want to put up a small extension on what will be the new shared wall / our extension which i'm fine with (obviously the removal of the tress will be good for them / this too so the removal benefits us all in terms of foundations)

Then I got to half way down the fairly long email. They want 10k!!!! Partly for compensation of living with ugly trees for the last 2 years after they shaved their side because, they say, we were 'unwilling to discuss in a proper manner' the trimming or possible removal of the trees. Now I will be fair, when they moved in and mentioned taking the trees out I was not keen - because a) in their original shape there were a great fence and b) we'd only just paid £400 to have them trimmed (previous owner was an old lady and we were happy to help her out). If they had asked our thoughts after they had shaved them we would have not objected lol. In fact I even hinted at it when we put the fence up! In any case, they were / are their trees and they could do what they liked.

Waiting to speak to our building surveyor to see what he thinks before replying. Have no issue covering costs (would get quotes to ascertain this) and something in the way of goodwill but 10k (they gave no breakdown) is taking the mick in my opinion. AIBU to think this?

OP posts:
IvanaCake · 07/07/2013 11:29

10k????!!!! Cheeky fuckers!!

Tell them you will need to see quotes as you cant fathom how they arrived at thus figure for the removal of a few trees.

dippymother · 07/07/2013 11:30

10k? YANBU. Definitely show your building surveyor and request a breakdown to explain why they consider this a suitable amount.

dippymother · 07/07/2013 11:32

PS We recently had four 60 foot Lleylandii conifers (tree surgeon estimated that they were 40-50 years old) removed from our garden at a cost of £1200, if that helps put it into perspective.

RoseFlowerFairy · 07/07/2013 11:33

As I said on your other thread, I feel sorry for you living next to these people. The trees are on their land and I still don't know how they can justify 10k. I think they are looking for an excuse to get a free extention to their house out of you.

GingerDoodle · 07/07/2013 11:36

I was thinking along the lines of 2k for the tree removal, 2k for the fence and then maybe 1k as a goodwill gesture as thats what we would have spent over the last cpl of years maintaining the trees had they had not moved in. So to me, they are asking for double!

OP posts:
GingerDoodle · 07/07/2013 11:37

RoseFlowerFairy - I agree!

OP posts:
LunaticFringe · 07/07/2013 11:38

This reply has been deleted

Message withdrawn at poster's request.

RoseFlowerFairy · 07/07/2013 11:38

Ginger, she put in a fence on her side of the tree's already after she paid to have some surgery on the tree's, the tree's belong to the neighbours.

Rowlers · 07/07/2013 11:38

I'm sorry but I'm not clear why they want 10 k? Just compensation? If so' that is absurd. Are they borderline loons?

RoseFlowerFairy · 07/07/2013 11:39

Sorry, ginger is the OP! Grin

poorbuthappy · 07/07/2013 11:40

Go back to the original plan and built the extension wall on your side of the party wall.

RoseFlowerFairy · 07/07/2013 11:42

That was my advice to the OP too Poorbuthappy, give them the extra inch of land and let them build their own extention wall and no need for any part wall agreement, as long as you don't go beneath their foundations. If their wall falls down then it is a claim they have to accept.

BigBongTheory · 07/07/2013 11:42

I think I'd just finish the extension where you planned originally and then you don't need anything from them.

W

SoupDragon · 07/07/2013 11:45

I would tell them to fuck off.

Only in my head though. £10K???

Are they really expecting you to pay for all of the tree removal and to build them a fence? And they want to use the wall you are building for their own extension thus saving money themselves I assume)?

GingerDoodle · 07/07/2013 11:50

I'm going to discuss that idea with our surveyor tomorrow; I think, the problem would be we'd need to be a cpl of foot away from the party wall to avoid it and that eats into my new kitchen and we'd have to have the plans redone for permitted development.

LunaticFringe - We are not buying right to access; they offered it unprompted - we don't need it and would not take them up on it as I wouldn't want to be that involved with them.

They want 10k for:

Taking down the trees (I estimate 2k)
Putting up a 6ft fence (again I reckon 2k max)
Compensation

OP posts:
RoseFlowerFairy · 07/07/2013 11:55

So you have a choice loose a couple of feet from your kitchen and pay for new plans and be left with a nasty taste in your mouth. The other option is pay 10k , get extra space and get rid of the tree's, the second option will leave a bad taste in your mouth as you will be financing their extension.

chesterberry · 07/07/2013 12:00

I'm a bit confused, why would they be expecting any compensation? Unless I've misunderstood you are paying to remove trees on their land so that they get more light coming onto their patio, and replace these with fences?

It sounds like the arrangement is going to benefit them as much as it benefits you, and already you have agreed to pay for it completely rather than split the cost, so I don't see why you would be offering them anything on top of that?

If it was me I would go back to your original plan and forget removing their trees or using the party wall and build the wall of the extension on your land only. Your neighbours are being unreasonable and my concern would be that after you pay for the trees/fence etc they will turn around and ask for more and more before they agree for you to use the wall for your extension etc.

Alternatively I would be offering only to pay for the trees/fence (although why they can't help pay for that I don't quite understand), and would say you will pay the people who remove the trees/ put up the fence directly rather than giving any money to your neighbours. Certainly would not be paying anything compensatory because they chose to put up with their trees, on their land and I would have thought paying to remove the trees was enough of a goodwill gesture without having to then give anything else.

Before paying for anything of theirs I would definitely get the agreement you come to, who is paying for what and what will happen with the wall etc, written up as a contract and have both parties sign it so that there is no chance of them turning round and demanding more money or withdrawing their side of the agreement after you have fulfilled yours as neighbours sound extremely unreasonable and money-grabbing.

TimeofChange · 07/07/2013 12:05

Beware - you may pay the £10k and they may keep the trees.

Are you likely to get planning permission if they object to the plans?

whois · 07/07/2013 12:07

Don't engage. Finish the extension on your land and not the party wall and you won't need to have anything to do with them!

GingerDoodle · 07/07/2013 12:13

Thank you for all your responses. The confusion over their expectation of compensation (for living with 'ugly trees' and their maintenance) is what we feel.

They would be doing the work themselves (he owns a company that could do it).

Whatever we agree / if anything! will be set down in a party wall agreement. It really hinges on what our building surveyor says, esp in regards to foundation costs with / without the trees. I had not given it much thought as I didn't think they would want to get rid of them, and so had resided to the fact our foundations would be expensive! Our surveyor is a sensible chap so will update tomorrow!

OP posts:
GingerDoodle · 07/07/2013 12:16

TimeofChange - the extension is on our land, under permitted development, they can't object. We have only engaged as they wanted the wall replaced and we thought it would be easier to replace the it (partly on our side, partly on theirs) with the side of our extension which they would use to build on if they wish.

OP posts:
RoseFlowerFairy · 07/07/2013 12:22

Have I got this right, they want compensation for living with "ugly tree's" that are their tree's on their land and his company do tree surgery?

GingerDoodle · 07/07/2013 12:23

Yup, yup and yup. Sorry didn't mean to drip feed!

OP posts:
RoseFlowerFairy · 07/07/2013 12:24

If he is a tree surgeon and didn't deal with his own tree's and the things you said about the unfinished DIY, falling down wall etc, wanting compensation from someone else for his own failings are typical of him, then stay well clear. I would not want a party wall extention with Mr and Mrs Bodge it anway. Keep your extention to your own land.

RoseFlowerFairy · 07/07/2013 12:26

I would imagine your neighbour would go to a tree surgery job with the wrong equipment, not do the job and demand compensation from his client.