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AIBU?

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Original poster

To refuse to let neighbour destroy our garden?

109 replies

Muddylawn · 06/10/2015 20:52

We live in a terraced house and are currently on the market to sell. We have had an offer accepted on a house we like, and we're waiting for a buyer for our house.

Our next door neighbour (who doesn't live there, but rents out his flat), is undertaking an extension to the rear of his property into his garden. He advised us of the works 2 months ago, and expressed that he would need to bring down our fence. Despite knowing we were going to be selling the house and the timing wasn't ideal, we agreed.

We've now had several viewings, and obviously next door is messy, noisy, and our garden looks awful. Our garden was completely re done really beautifully a couple of years back and is definitely one of the best selling points of the house!

At no point has the neighbour apologised or shown any concern for the disruption he is causing.

Today, he has said he actually needs to re-site his drains as they are currently where his foundations need to go. Because we are in a terraced row of houses, he will need to move our drain, and go all the way through to the other side of our garden to our 2nd drain, to re-route the connecting pipes. Effectively bringing up our entire garden/lawn/new paving/borders.

His email asks us to respond with the 'Ok' promptly as they need to get on with the work.

I am actually really angry. Am I unreasonable to just say a flat out NO to this?

How can we sell our house with the garden all pulled up? And where is the concern or apology for all the disruption they are expecting us to put up with?

OP posts:
BoffinMum · 06/10/2015 21:38

That would be a complete and utter no from me. He has none of the necessary permissions and there is every scope for it to fuck up your own drains and your garden big time. All this should have been planned properly at the beginning of the project, and he has failed to do this. I would also tell him he has until the end of Friday to put the fence back up due to the viewings. Enough is enough.

NotAWhaleOmeletteInSight · 06/10/2015 21:40

He's a cunt and I'm raging on your behalf.

Give building control a call and ask to speak to the surveyor overseeing his build. They usually come out the same day to inspect.

Tell him no!

lastuseraccount123 · 06/10/2015 21:42

YANBU.

FUCK HIM.

RaspberryOverload · 06/10/2015 21:42

I agree with other posters, say no and call the building staff at the council or the planning department. This should have been properly planned and discussed with you before the work was started.

limitedperiodonly · 06/10/2015 22:01

This is a matter for your solicitor. Get him or her to deal with it rather than asking people on MN with no legal qualifications what they think you should do.

If your solicitor is halfway decent you will be able to reach an amicable agreement with your neighbour at a reasonable cost.

IME your solicitor will require from your neighbour a detailed plan, perhaps some money for encroaching onto your property, an end date and a penalty for exceeding that and making good.

If there is a party wall matter, you can get your neighbour to pay for all of it. It doesn't sound like that's the case, but I'm not an expert. I'm just a householder who had this done to me by a neighbour.

I'm sure a decent solicitor will know better than me or any other amateur.

Just spend the money. That's what they're there for.

Or don't and take amateur advice and get fucked including ' don't kick up a fuss because you might not be able to sell' Hmm.

Scoobydoo8 · 06/10/2015 22:04

Well councils don't always want to be involved as long as he has ticked the planning application boxes.

Get a solicitor's advice - refuse him any permission, put it in writing with a recorded delivery letter. Find out how much your repairs might cost and demand that money up front before he starts work then agree to whatever. But you need the money first.

Planning applications are online at your Council's website I should think, is his there?

AndLeavesthatweregreenturnedto · 06/10/2015 22:07

Op your first port of call without a DOUBT is your planning dept.
Now I have experience with numerous parts of council,

The one dept that called me promptly and seems to move quickly was planning and building. Get onto them, say its urgent and they should be able to give you some really good advice without inital outlay of solictor.

Of course if you can get solictor involved do, but in the mean time try council planning.

I am also householder who had to suffer due to neighbours building work, they tried to build illegal attic room, within blink of eye, planning regs stopped it and it all stopped ripped out.

or even surveyors I think can give you some party wall advice. but there are laws and regs.

AndLeavesthatweregreenturnedto · 06/10/2015 22:09

scooby even with new regs out and they council dont want to know...they could at leats give her advicfe.

JeffsanArsehole · 06/10/2015 22:10

Can I quickly ask how taking the fence down temporarily is ruining your garden?

Are they walking on it?

AnneElliott · 06/10/2015 22:12

Have you seen any plans? I find it hard to understand why he needs to move your drains? DH does lots of drawings for people for extensions etc and no neighbour has ever had to have their sewers moved?
Call the water company and see what they say. He would need a build over agreement to do what he's suggesting I think.

VegasIsBest · 06/10/2015 22:14

Does your household insurance have legal cover? Might be worth checking if you can get legal advice that way. Best of luck with this. And stand firm.

Binkybix · 06/10/2015 22:14

You could need drains moved if you were building the extension over a manhole I think.

No way would I be agreeing to this and would be consulting with a solicitor asap, particularly as you're trying to sell your house.

notapizzaeater · 06/10/2015 22:20

Not until you've something in writing that he will make good all the garden.

quietbatperson · 06/10/2015 22:23

This reply has been deleted

Message withdrawn at poster's request.

PrincessTooty · 06/10/2015 22:24

I would say no and I would withdraw the offer to let him take down your fence. Tell him that you are about to sell the house and the estate agent or Solicetors told you not to

PrincessTooty · 06/10/2015 22:25

Btw - it might be an idea to take lots of photos, preferably when no one can see you.

TeenyfTroon · 06/10/2015 22:30

YNBU but do be careful. Disputes with neighbours have to be declared when selling, IIRC.

RaphaellaTheSpanishWaterDog · 06/10/2015 22:36

I would definitely say no, OP, would get my solicitor and building control involved ASAP, but I would also be concerned about the implications of a dispute whilst in the throes of selling your house Angry

What a bastard - we experienced similar a few years back at a previous house. Fucking new neighbour took advantage of us - we were younger and more naive back then - by taking down a large section of our garden wall in order to facilitate the demolition of the rear of his (detached) house in order to build a new indoor swimming pool extension. We stupidly agreed, not least because his reputation as a downright nasty piece of work preceded him and even our builders were scared of him.

His builders tore down the old Victorian wall, then proceeded to trample over our garden and let their dogs piss in it. At night time they erected steel barriers which one night blew over in a storm wrecking our newly planted flower bed. We did complain and he paid to put right the the damage caused, but as the work went on for several months living next door was a complete nightmare.

Christ knows what it would have been like if we were selling our house. I don't envy you......

limitedperiodonly · 06/10/2015 22:39

He hasn't come on to your property.

Answer his email saying no to access and that you would like a discussion.

If you've changed your mind about him taking down the fence then I would tell him as a matter of urgency. You did tell him he could do it but you didn't agree to him doing anything else.

You can then decide what to do depending on the outcome of your meeting.

There's no need to panic. Just tell him. If builders come on to your property, ask them to leave. They will do. If you're not going to be around then there's all the more reason to tell him and back it up by email so there is no misunderstanding.

Anything he's doing on his own property might be unfortunate from a selling POV for you, but as long as it passes planning and building regulations then he is entitled to do that.

SilentlyScreamingAgain · 06/10/2015 22:43

If you have legal cover with your home insurance, I'd call them first, then Building Control and finally your water company.

limitedperiodonly · 06/10/2015 22:52

In what way is it a dispute that could interfere with the OP's plans to sell?

The neighbour is doing some work on his house that he is presumably entitled to do.

He has discovered a problem and has rather forcefully asked to encroach on the OP's property. She is unhappy with this and is presumably going to say no.

That seems like the end of it for now.

I think she should speak to her neighbour and then a solicitor. The council would be a good port of call but IME they don't give a shit with private owners.

SantasLittleMonkeyButler · 06/10/2015 23:13

Say no. Please say no.

He's already taken the piss once and is already adversely affecting your chances of selling your property. Why on earth would you let him cause further disruption?

His drains are his problem and need to stay that way!

Collaborate · 07/10/2015 00:10

Who does the fence belong to (the deeds might give you a clue here)?

If it's yours you can put it back up again whenever you like.

There is probably an express or implied easement for him to use the drain going under your property. That will not however give him carte blanche to lay any new drains whenever he likes. You can say no, and there's nothing he can do about it. He can always ensure that use is made of the existing drains. It might mean a bit more work for the builder, but all the new works can be done in his garden.

Oh, and if you see a solicitor make sure that you see a specialist and that your neighbour agrees in writing in advance to meet your solicitor's fees. You should not be out of pocket on this.

lunar1 · 07/10/2015 00:15

You have to say no to this, he sounds like a bully.

Monkey533 · 07/10/2015 00:24

I have't reade all but I think the fact that you are on the market should make it very easy to say no. (IE Sorry, we can't say yes ti yur request as we are currently showing the house. You'll havee to agree something with the new owners.).