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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:
Jux · 07/10/2015 00:25

Sounds like his whole project is a bit dodgy. Say no.

Phoenix0x0 · 07/10/2015 07:20

We had to move our drains position when we extended our home.

We had to inform the water board and they also inspected it.

Personally, I would get advice from the council/building control/water board.

Another thing, were you informed of this extension? I ask as our neighbours were written to (to see if they had an objection), prior to our application going to panel.......

If this did not happen then his extension sounds illegal and I would definitely say no!

MythicalKings · 07/10/2015 08:10

Say no and ask your local planning department for advice.

TeenyfTroon · 07/10/2015 08:33

limited, last time I sold I remember a question on the form asking if I'd ever had any disputes with my neighbour. I expect that a buyer would be put off by a 'yes', no matter how justified. Not fair, but it may affect how the OP handles this.

Binkybix · 07/10/2015 08:52

I also would not consider it a dispute if you simply say no to his request. However, his reaction to that could lead to something I suppose.

Collaborate · 07/10/2015 09:05

It can't be a dispute if OP says no. No matter how often the neighbour requests it. That's because that's all it is - a request to do something he cannot do by right alone.

Original poster
Muddylawn · 07/10/2015 11:40

Thank you for replying and giving advice everyone.

It gets worse. I called Building Control and the Water Board today and next door have not applied for permission for any of the work.

I have said no to digging up our garden. I cannot believe they started this extension with a firm of architects and have not notified Building Control. Do people normally do this retrospectively?

OP posts:
BreconBeBuggered · 07/10/2015 12:05

I don't think it's usual to apply for permission retrospectively, no. It isn't always granted so it's an expensive gamble. I'm very surprised at the architects.
Did they have any comments other than that the neighbours haven't contacted them?

evilcherub · 07/10/2015 12:05

Is he going to fix your fence and make good any mess? Did you get anything in writing from him? I would say a big "no" to him digging up your garden. And I can't believe the way he worded the email, almost as if he is doing you a favour. Bloody cheek!

Collaborate · 07/10/2015 12:09

There is a huge difference between Building Control and Planning Permission. They are 2 entirely separate things.

Most extensions are granted automatic PP (see this guide on what PD covers).

All buildings must comply with building regs. Prior approval is not applied for. Inspections are carried out as the job progresses. Often, independent firms are used and they report compliance to the LA at the end of the job.

Binkybix · 07/10/2015 12:10

OP - in your position I'd be getting that fence back up asap (yes, I know he should pay for it, but speed is important here so I'd do it myself).

What are building control going to do about it? The water company should have been consulted before plans were even finalised!

Binkybix · 07/10/2015 12:10

Oh yes, sorry. Planning permission and building control are different!

YoniMitchell · 07/10/2015 12:21

As PPs have said, you can quite easily say no and cite the planned sale, so he'll need to take it up with the new owners (whoever they are in the end). You have nothing to lose in terms of a neighbourly relationship as neither of you will be living next to each other. His build project sounds very ill-considered!

EponasWildDaughter · 07/10/2015 12:32

say no ... he'll need to take it up with the new owners (whoever they are in the end). You have nothing to lose in terms of a neighbourly relationship as neither of you will be living next to each other.

Except that he wants ''an OK ASAP'', not to wait for the house to sell, which could take months. I imagine by then neighborly relations would indeed be pretty low.

OnlyLovers · 07/10/2015 12:40

Just tell him no.

I would have agreed with the advice to get him to pay for a landscaper to make good your garden, but if there's any doubt about whether he's got the right permissions then I wouldn't even get involved to that extent.

EponasWildDaughter · 07/10/2015 12:43

Just to be clear i think you must say no too. Get some proper legal advice, as others have said.

MythicalKings · 07/10/2015 15:49

Say no, and that you will be getting legal advice about how you stand re the mess and the fence.

Original poster
Muddylawn · 07/10/2015 19:02

I haven't yet responded but he sent a 2nd email this afternoon saying he was going to sort out his drains without coming onto my property now (his architect has miraculously suddenly found a way), and as things are now resolved he has instructed a temporary wire fence to be put up a metre inside our boundary (encroaching a metre into my garden).

I'm gobsmacked. He seems to be ignoring the letter I gave him this morning saying he cannot access my garden anymore and I want my fence back up until I have reassurances on permission for re siting drains etc.

OP posts:
notapizzaeater · 07/10/2015 19:16

I'd be gobsmacked too !

JumpingJack56 · 07/10/2015 19:21

I'd reply with the following and keep an eye out to clarify it verbally to his builders myself.
'Dear Neighbour
I think there has been a misunderstanding re the fence. Due to my property being on the market I cannot accommodate a temporary wire fence within my property boundaries. I am also unable to continue to offer access to your team via my garden therefore my fence (the one originally moved by your people) needs to be placed back within 7 days. Thank you'

3littlefrogs · 07/10/2015 19:27

Get onto the planning dept asap.
You should have been consulted on all of this and given the chance to see the plans.
You do not have to give him access to your garden.

Has he even got planning permission?

It took me over a year to get planning permission for my extension. I had to get permission from the water company, and pay them £350 just to move a drain cover about 2 feet ON MY OWN LAND. I haven't encroached on my neighbours' land at all.

I had to write to my neighbours (both sides) and show them the plans before we even started.

quietbatperson · 07/10/2015 20:14

This reply has been deleted

Message withdrawn at poster's request.

evilcherub · 07/10/2015 20:25

Just send him another email saying no and you want your fence put up in the right place. He's trying to bully you!

TracyBarlow · 07/10/2015 20:38

His development may fall within permitted development rights so might not need planning permission.

I'd tell hi to stick his bloody chicken wire fence though. Cheeky fecker.

Jeffreythegiraffe · 07/10/2015 20:44

They can't do anything with the drains without getting permission from the water board and a survey. What solution has he found? I'd be inclined to tell the water company.

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