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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

CF neighbours damaged my wall - what now?

30 replies

InvisibleHamster · 11/07/2019 10:04

Daily Mail are fuckers

V outing but here goes. Long post sorry.

I live in an end-terrace house and have relatively new neighbours on the connected side. They have a drive big enough for one car and own two cars. Instead of blocking their own drive, they put one on the drive and one parks on the verge in front of my house which is annoying but perfectly legal.

Months and months ago the woman, let's call her Penny, came to complain that our bins were too close to her car on bin-day. My husband pointed out that this is what happens when you park on the verge and she said they'd be taking down 'the' wall soon so they could get both cars on their drive.

When my husband spoke to me about it I said - 'She must mean her wall, right, there are two walls in front of her house, but only one will be her boundary?'

Assuming that was an error.

Nothing happened for months, then one day a skip arrived. The next day they start taking down THEIR wall (between them and the next neighbour along). Then I see them start to remove bricks from my wall too.

I went out to talk to them saying 'erm, I think that's my wall'. Penny wasn't happy, said we'd agreed to have it taken down. I said a conversation months ago where you mention maybe taking something down wasn't an agreement. That it would be polite to tell us work was happening even if you thought it was agreed.

I said I was pretty sure that side of the house was my boundary (only 'pretty sure'? she said), and could they at least stop taking bricks off it while I check the deeds? She was really defensive and angry. She said the wall was on their land - yes (it has quite big ugly posts), but it was on my land too and they knew where it was when they bought it.

I pointed out the wall was attached to my house (cemented on at one end) and they couldn't just remove a boundary and would have to fix or replace it. Penny shouted 'I'll replace it then' and I commented that that wouldn't be up to her.

When I said 'this doesn't have to be a big deal, but let's take the time to sort it out' her partner agreed with me but said basically nothing else. The woman stormed off inside.

I found the deeds and my husband went around and talked to her partner, saying it was our boundary, that we want there to be a boundary, and they could fix or replace the wall - but if they replaced it it had to be done quickly.

A few weeks have passed with nothing happening. Their skip was filled with other things - they didn't get the bricks they'd taken off the wall out of it - and taken away.

Back to the present. This week they finished taking down their wall and have been lovingly weeding the front garden.

Nothing's been done to our wall or said to us. I wonder if they realise they're in the wrong but rectifying it will cost. Also technically it's a party wall and they definitely should've had proper agreement from us even if it was their boundary, which it's not!

I plan to ask them about it next time I see them but a) they seem to be avoiding us and b) my husband's away this week and I'm not sure having an argument with the neighbours will go well.

What do I do next? They've taken a row of bricks off about half the wall, and the tiles off the top of it. It was probably a DIY job wall in the first place to be honest, and now that it's been damaged it will need replacing sooner rather than later. Given they've taken one wall down and not the other, I'm guessing the neighbours will refuse to do anything at all now.

We can't really afford a new fence at the moment. We could try and get some cheap tiles to put on top of the wall but if we do that, will they say it's negated any responsiblities they may have?

Small claims would make it a neighbour dispute I'd have to report if we ever sell.

I feel like ultimately I will have to do nothing BUT oh my god it is grating on me so much.

Basically they did something wrong and instead of saying sorry had a go at me and will now do nothing.

It's really winding me up. I know I should try to let it go but it's difficult when the damaged wall is right in front of my window!

Sorry if I've explained any of that badly.

OP posts:
Cherrysoup · 11/07/2019 10:07

Go round with dh when he's back (or earlier if you see reasonable partner) and say the wall needs (not you want) repairing because it's been damaged. You would hate to have to mention a neighbour dispute when either of you come to sell, so you would like it properly repaired asap as it's your boundary which they have damaged.

InvisibleHamster · 11/07/2019 10:10

That's my thought too - if I can get the more reasonable one on his own, let's call him Barry.

I've spoken to him before when they were scraping stuff off the walls at 10 o'clock at night (next to son's bedroom) and he was perfectly fine.

To be mean about them, she walks around like no one has ever said no to her in her life and he seems to sigh a lot walking around after her. They are quite young, she must be early 20s I think (not that this necessarily means anything, but maybe haven't learned it's best to be nice to neighbours).

OP posts:
AiryFairyMum · 11/07/2019 10:10

It sounds like maybe it's a case of making a fuss until they do something. It's unlikely to get to small claims court but you may have to threaten and see what happens - it would also be something they would have to report if they sell.

SlipperyWhenWatery · 11/07/2019 10:12

What @CherrySoup says. And what CFs! So incredibly rude.

InvisibleHamster · 11/07/2019 10:15

I'm so massively irritated.

To be fair to them, the walls were both ugly. They were also built in the same style. But they've been there since before I owned my house and while you could assume my neighbour's previous occupant built them, you could just as easily assume my previous occupant paid towards the cost. Anyway you wouldn't just take down a wall actually attached to your neighbours house would you???

OP posts:
Nanny0gg · 11/07/2019 10:17

They've damaged your wall.

If you can't do a solicitor's letter then small claims court for repair/replacement.

GladAllOver · 11/07/2019 10:26

Solicitors letter. If it's a party wall then they are definitely in the wrong.
The point about a dispute affecting resale is valid, but once the wall has been fixed as it must be there is no longer a dispute. It's history.

InvisibleHamster · 11/07/2019 10:27

I did think about a solicitor's letter but I don't think we'd ever recoup the money. A friend who's a different type of solicitor did tell me a couple of lines I could put in a such a letter but I'm not sure it would do anything. Might give it ago after my next comms with them!

I googled them both in a fit of mild rage the other day. I can't say exactly what she does but it specifically says on her work's about page that she knows all about various types of legislation. I can't believe she jumped into this without thinking about the proper way to do it.

The shame of it is that I would actually really like to get on with my neighbours and I hate confrontation. This is not ideal.

The neighbour on the other side is lovely! They can be a bit noisy and also park like idiots but she also takes in my milk when we're on holiday and has a chat when we see each other, and so you let the little stuff go. Damaging a wall isn't that little though :(

OP posts:
InvisibleHamster · 11/07/2019 10:28

Thanks - will update if I ever see them again!

OP posts:
bellabasset · 11/07/2019 10:35

I totally understand your annoyance, what do you want to do with the wall? A temporary repair or to renew it? Why don't you initially get a quote to repair it, give them a copy of the quote and ask them to put you in funds.

You will probably have legal insurance to cover the cost of a solicitors letter.

OKBobble · 11/07/2019 10:42

I really wouldn't let the prospect of a neighbour dispute defer you because you are in the right. Also if you go to sell and the damage hasn't been repaired I would assume you would do it yourself before selling. In effect there was an issue about the wall and it has been resolved satisfactorily.

Get a quote to repair it to same standard.

Write to them saying it needs to be repaired within 14 days to same standard. Tell them if not, you will be repairing it and pursuing them for the costs of repairs through legal means if necessary.

Take lots of pictures!
See if you have pictures from when you bought it of how it was. IE. gather evidence in advance in case it does need to go to small claims court.

Helenluvsrob · 11/07/2019 10:42

If it’s only a few bricks I’d get it repaired ( whilst wishing the fleas of a thousand camels on them) and say no more about it as long as they aren’t itching to be difficult in other ways. The adverse affects of having to declare a neighbour dispute will cost thousands and cross your house off many peoples buy lists completely ( I’m assuming it isn’t a highly desirable location / unique property but one of many similar end of terrace houses in the area )

InvisibleHamster · 11/07/2019 10:46

You can see on Google maps how it was pretty well and I took photos on the day they started taking it down.

I want there to be a boundary because I've previously lived on a road where people tried to squeeze more cars onto drives than was possible. We rented and lived next to a guy who owned and said that made it ok that his massive estate car hung over onto our drive.

In a simple way, I don't care about that wall specifically. But I know if there was no boundary the drive is still very narrow and to get both cars on they will end up taking the piss a bit more each a day, edging onto our land bit by bit, until that also enrages me!

As long as there's a fence or a wall I'm cool with it (which is what we said to Barry), but seeing as the wall as been there the 9 years we've lived here (and probably another 20 before that), and was ugly but fine, I don't want to bear the cost of fixing or replacing it myself - which I think is reasonable!

The problem is what to do if they flat-out refuse. Small claims then I suppose! The idea of getting a quote and giving it to them first is good.

OP posts:
pictish · 11/07/2019 10:47

As an asides, can I ask why anyone bothers writing insults to the Daily Mail in their OP? It won’t deter them...if they want the material they’ll use it.

Babdoc · 11/07/2019 10:48

Does your home insurance include cover for legal costs in neighbour disputes, OP? Because if so, go straight in with a solicitor’s letter and bill for repair costs.

InvisibleHamster · 11/07/2019 10:48

@Helenluvsrob - this was my initial thought, not because I want to do that, but to avoid aggro. But I'm knee-deep in wishing fleas on them and thinking up petty revenges which is probably not very healthy for me! Maybe in time the anger will go away... Need to see what 'Barry' says.

OP posts:
InvisibleHamster · 11/07/2019 10:49

@babdoc I don't think so but good point, will check if my children actually sleep tonight, I've got to go to work in a bit.

OP posts:
OnlyFoolsnMothers · 11/07/2019 10:58

Write them a letter giving them 21 days to rectify it or you will proceed with a small claims court application. Usually enough to scare them.

Not quite the same, but neighbour's fence blew down into my garden and they dragged their feet sorting it out, eventually Id had enough and submitted a letter to the magistrates court under section 82 EPA 1990 copying them and sure enough a new fence went up.
Some people will always try their luck- its your wall, they damaged it, end of.

SoupDragon · 11/07/2019 11:01

can I ask why anyone bothers writing insults to the Daily Mail in their OP? It won’t deter them...if they want the material they’ll use it.

Yes, but the first thing people see if they click on the link in the Mail is a sweary insult.

LadyRannaldini · 11/07/2019 11:05

I would also park my car on the road in front of my property, do you know anyone going on holiday who needs to park their car???

Windygate · 11/07/2019 11:10

Is your garden wall covered by your building's insurance? If so I'd consider making a claim and letting them deal with it.

PrawnoftheShed · 11/07/2019 11:10

This reply has been deleted

Message withdrawn at poster's request.

Sicario · 11/07/2019 11:17

Advice from an old bird... NEVER fall out with your neighbours unless it is absolutely unavoidable. Even then, turn the other cheek. Neighbour disputes can get very very nasty and invariably spoil your home happiness.

If I were you, I'd just go buy a few bricks and fix it myself. Your neighbours sound a bit thick/ignorant, and are clearly not the kind of people who will apologise and make something right.

Take the high ground, get the wall fixed, and move on.

DisplayPurposesOnly · 11/07/2019 11:43

I'm with Sicario on this. Ask them (well, Barry) but prepared to sort it out for yourself. It'll be far easier in the long run.

WhentheRabbitsWentWild · 11/07/2019 11:52

loll

No fan of the Daily Mail but I doubt they would give a stuff about this thread