I'm going to make your life hell - says new neighbour

[Anotherdayanother2]

I live on a ground floor flat and completed an extension about 12 months ago. All party wall, building control, planning permission all granted and building completed to permissions. I built on the party wall as agreed with previous owner as they said that they wanted to mirror my extension and it would make sense to build on the boundary line and they would use that same wall once they start their extension.

However, neighbour's budget didn't allow the works (I know as they appt the same architect I used and he declined the work given the modest budget) and so the neighbour sold last summer and moved two weeks ago.

I encountered new neighbour two days ago standing on the boundary line looking at this new wall. I didnt know who they were and as I was on a work conference call was gesturing to my DC to go outside to see what they wanted. DC couldn't walk out what I was telling them to do, so I abruptly ended my call and went outside to speak to neighbour.

The person then aggressively accused me of shooing them away, which I explained I was gesturing to DC to go outside. And then the second sentence was that I had built on their land.

I proceeded to explain as above and they seemed to have been appeased and even invited me in for a tea.

The next day NDN had builders in who began hacking at the plaster on the party wall and putting in a damp proof course at 7.30. This wall is in my bedroom.

I called NDN at 10 to ask why she hadn't notified of works given party wall needed NDS picked up the phone with 'what do you want, and you've built on my land, I'm going to make your life hell', before I could even say anything.

NDN's upstairs flat is rented and the tenants have caused noise nuisance with domestic violence at 4 am waking my upstairs neigbour, myself and the previous NDN. Those tenants have been arrested, have had parties throughout covid. It would appear that previous owner (who reported to police, owner and council) did not disclose these details to new owner but perhaps mentioned they had issues with me - easier to complain about innocous issues ie: my DC practising musical instruments, she gave me times that they could practise and I appeased to keep the peace).

By the end of the phone conversation I had managed to explain that perhaps we had gotten on the wrong foot but I was not the neighbour that they should be having issues with, but the ones upstairs. They were quite taken aback and asked whether that was the reason why previous neighbour had moved.

So am I unreasonable one or NDN?

How do I move forward from this, I imagine having them next door will not be easy given that they are wanting to do extensive refurbishments and will need to go through planning. I imagine I will be bullied throughout.

Well if everyone approved the wall exactly how it is and there have been no changes, then yes there is no problem.

Your new neighbour surely saw it before they purchased the property? Their survey would have shown it as well (and it's their issue if they didn't pay for the survey).

Don't go dragging other neighbours into your arguments though, that's bad form.

Squidelicious that's exactly the case. I think they've had architects in recently who have made this comment that they didnt 'see' when they bought. I actually saw them viewing in the summer looking into my property (there is no fence - which belongs to them).

I just dont understand how someone could think they could intimidate a new neighbour like that when you need their consent for your own building works?

So, yes, they will have seen it - it's up to their surveyor (or their own judgement) to have known it was on the boundary line.

More fool to them for not having a survey done, but not your issue.

I just dont understand how someone could think they could intimidate a new neighbour like that when you need their consent for your own building works?

Just stop at : I just dont understand how someone could think they could intimidate a new neighbour like that

Because they are a thuggish moron. Best tactic is to show you are neither afraid of them or afraid to take action against them.

Totally agree with @StoneofDestiny. Bullies... don’t let them bully you

Wow, doesn't sound like a pleasant neighbour.

I don't know the ins and outs of the legalities but a few years ago I looked at buying a flat and there was a land ownership issue. It was a building with 2 downstairs flats and two upstairs flats. In the title deeds both flats had a haphazard random allocation of land in the garden not connected to the back door of each flat however, over the years, the owners had agreed to split the land into 4 gardens and fence each one off so each flat owner had their own private allocated fenced off section. The flats also had a large shared basement that ran under the whole building however, the flat I looked at had excavated through the floor into the basement and put a gym in. They advised that the lady upstairs had lived in her flat for years longer than anyone else and was the only person with a key. She didn't use the basement and gave the key to the owner of the downstairs flat. With regards to both of these things, my lawyer said that because nothing had ever legally been changed on the deeds ie. The private back garden and the ownership of the cellar, if a future buyer of any of the flats was unhappy with the arrangement, they could demand access to the cellar and also insist the gardens were used as stated. It seems unlikely the garden issue would arise but it is a big risk to take. The cellar was the biggest problem particularly due to the excavation. In the end we didn't offer on the flat as there were too many what iffs. If you have nothing in writing from your previous neighbour to say they allowed you to build on their land and the title deeds show the land as your neighbours, the neighbour may be able to take it further???

Why not share copies of all the party wall stuff and your plans so your NDN has all the info? if you still have contact details for your ex neighbour might be worth double checking that all this was shared with new NDN lawyers

L’enfer c’est les autres 😱.

@whataboutbob

L’enfer c’est les autres 😱.

Well yes, except nothing this dramatic happened in that!

Dasher789 this is all stated in the party wall agreement that contains the architectural and structural drawings and they are still all available on the planning portal.

Party wall signed and agreed by all 3 adjoining neighbours. I paid £4k to avoid this issue along with a conditions report.

Would their solicitors searches include the planning portal?

I think my biggest problem with this so far is
Why doesn't the extension have a damp proof course?

That's a pretty chilling description of domestic violence, I've never heard domestic violence equated to noise nuisance. I think you said too much to be honest so maybe restrict your conversations with them in future.

TremoloGreen the damp proof course is in the existing building, not the extension. I had no issues with them rectifying damp issues, it's the not following protocols, notifying neighbours and understanding of party walls.

It is also to pre-empt the fact that when they do attempt to move forward with building works that they do follow the correct processes, which based on past behaviour they won't.

Griselda1 I obviously go into this detail, merely we've had to complain about noise. I mention here merely as context and the fact the previous owner had disclosed conflict with neighbours which I believe you are meant to?

Didn't that should say

True @Cocomarine, Sartre probably never experienced anything as sinister as an English boundary dispute.

@Anotherdayanother2 apologies, I missed where you confirmed there was a party wall agreement. In that case, yes, the lawyer should have either done a search or been provided the info by the previous seller. Your NDN either has an issue with their seller or their lawyer but shouldn't be with you.

Have nothing to do with him. He sounds unhinged. I would put up a tall fence on my side

@Teapot13. I thought this. As PPs have pointed out, the agreement was with the previous owner and as part of the sale searches the new NDN would have been provided with the relevant info - I would imagine it would also have come up on a surveyors report. At our last home, we had done a garage conversion to create another downstairs room and when we moved, we had to provide all the documentation for the work. This included proof of planning permission, certificates of completed works, gas/electrical safety certificates, signing off documentation from building control certifying that the completed work met building regulations. Our buyers’ surveyor also spent a fair bit of time looking at the converted room and asked lots of questions. If the OPs extension has planning permission and meets building regs I wouldn’t have thought there’s much the NDN can do via official channels. I think I read further upthread that the NDN is also the leaseholder for the flats - could this be problematic in future ?

The other thing that struck me is that the previous owner obviously didn’t disclose the trouble with the upstairs tenants. I seem to remember that during our sale, the search documents specifically asked about disputes/issues with neighbours and any action taken had to be documented.

As others have said, i would tread carefully and document all contact. Perhaps invest in CCTV cameras and definitely don’t engage in slanging matches.

You both sound mad. When you saw them outside why did you try and make your dc go outside? Why did you end your call and rush outside? You’re old neighbours probably warned them that you’re nuts and tbh she sounds nuts too!

Allwokedup so you wouldn't confront someone who was on your property staring at your property? Not sure how that is nuts? DC is an adult so I don't know what the issue is.

@Anotherdayanother2 Yes, they will have had local council / area searches carried out by the Solicitor so it would have come up through that (the planning portal)

pam290358 I'm a bit perturbed at the non disclosure of issues with neighbours too. Thanks for confirming that a survey/searches would have picked it up and legally they don't have a foot to stand on.

Squidelicious thanks for confirming, it's been a long time since I bought so couldn't remember how extensive the searches were.

Domestic violence = noise nuisance?
Or do you mean there has been domestic violence and other noise nuisance?
Either way, you’ve embroiled the upstairs neighbours into this row now.