Are we the CFers

[peeperpig]

Having a flap that we are being CFers and could do with input!

NDN is a HMO. Have seen landlord about once a year, my DH has his phone no. and email address.

When we first moved in, we discussed improving the shared boundary which was falling down (on to NDN side). They weren't fussed. Several years down the line and the wall is wobbly to the touch and NDN agreed something probably needed to be done.

We want to improve the look of garden and increase privacy, so got quotes for several bits of work including the shared boundary. Shared these with NDN who thought they were far too expensive but offered approx 15% towards to rebuilding like for like. Fine, better than nothing.

We picked a builder, got the work booked in, and asked them if there were cheaper options for the boundary. THese were a bit cheaper, so shared them with NDN asking if they'd be happy with these too.

We didn't hear back from NDN. DH tried calling several times over the past week but no answer. The builders started today.

NDN has now come back and said it's still far too expensive and he's going to get his own quotes.

So, have we B U to begin this building work? It looks like we'll be footing the bill for pretty much all of it as I doubt NDN will contribute to either of the 'cheaper' options but not sure how to now tell him the work has already started. Have we been CFs?

The next door neighbour was remiss in not coming back to you.

However you started the work without their okay as to what neighbour would pay for. You could end up footing the whole bill yourself OP Which is frustrating. I don't understand why you started the work without waiting for neighbour's tuppence worth (annoying I know that after a week they still hadn't got back to you though)

Particularly at the moment with things like covid going on, you should've definitely given them more than a week to come back to you! I'd assume you're footing the whole bill now. But to know whether you're legally in the wrong we'd need to know a) who actually owns the current wall and b) (if it's you) whether it encroaches on their property or is technically your side of the boundary.

The work had been booked in for a couple of months and I hoped NDN would get back to us sooner than he did (he usually replies instantly). I also kind of hoped that as he was getting a nice new boundary for bargain price (to him), us sorting it all out etc and at a time when the house is pretty much empty, he'd be fine with whatever we chose and give us whatever he wanted towards it.

Now I'm worried that we've overstepped the mark getting this done and also worried that he'll be annoyed if we opt for one of the cheaper options. I'm not sure if we've broken any 'rules' doing this without his express permission.

It's a shared boundary (not marked on deeds) so I think we both 'own' the wall. The builders are definitely encroaching on the property as they are standing in the garden to take it down (it's a retaining wall). I always thought the wall was original and spans both properties - is that likely (victorian terrace).

What's HMO?

House of multiple occupancy e.g. student house

If you share ownership and responsibility for the boundary why are you paying 15% and not 50%?

Think you’ve had a name change fail OP

"the wall is wobbly to the touch and NDN agreed something probably needed to be done."
There's no 'probably' about it. If a wall wobbles when it is touched then it is just plain DANGEROUS - what if it had fallen? Onto someone? How much do you think they could have sued you and NDN for when they found out you both knew it was 'wobbly to the touch'?

Your neighbour, who "usually replies instantly" didn't get back to you because he didn't want to make any financial contribution. I'm sure he'll take the work having started as his Get-Out-Of-Paying-Card.

Are you Cheeky Fuckers for starting the work? No. The wall was dangerous. Is he a Cheeky Fucker for ignoring the wall for years, i.e. for as long as he could? Yes.

Are you sure you can't determine who owns it? Who owns the boundary on your other side? Usually you just own one.