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.

@Anotherdayanother2 the only other thing, which just popped into my head, is if they did the deal directly (cash buyer) then these parts wouldn't have happened.

The solicitors form wouldn't have asked about previous contact with police / neighbour issues (forget the wording)
The local searches would not have been conducted
The party wall agreement will not have been shared

Actually quite a lot of the process may not have happened. Any chance they are cash buyers?

I think as they are you neighbours and you have to live there that you should try and start again - take the plans etc round with a bottle of wine/cake and talk through them and happens to could all be ok x

Squidelicious that's an interesting point, I didn't know this. I might call the previous NDN, but not sure they would have that info either and don't want to get them involved. But as a prudent buyer surely you would undertake your own checks. But if this is the case, where does everyone stand legally?

It appears that they had had a few architects through who have commented, which perhaps has only now only raised the issue and makes sense that they are cash buyers.

Mellonsprite I have posted an update on this, I didnt go into detail, merely that we'd had noise issues, half expecting them to have already been aware of previous disputes through the buying process and then did,n't go further when I realised they weren't aware of it. I wrote about it here just to give context. Sorry I didnt mean for it to sound as if I was minimising the DV.

@Anotherdayanother2 I didn’t get that he was standing in your garden. If this is the case why on earth would you send your child
Out!?? Yes I still stand by the notion that your both nuts. How did he get into your garden!?

The op has already said that there is no fence between the gardens and her DC is an adult.

Maybe you should read the OPs posts properly before commenting.

I think you should contact your former NDN OP, I think it would definitely be beneficial to have something in writing from them that states they agreed to the wall being built in the boundary as it was specifically beneficial for their planned building work that never ended up happening.

That way there is no chance of the new NDN trying to make it seem as though you did it without knowledge or permission, despite having the party wall agreement and planning permission.
It’s just another ball to have in your court in case the NDN decides to make a bigger issue out of it.

JollyAndBright that's a brilliant idea. I will do that immediately, thank you. The more I have to support my case the better. Cheers

We were cash buyers for our house, but went through the whole conveyancing procedures - searches, surveys etc. Cash or not, you still need to protect yourself so why would you not ?

pam290358 I totally agree, as a prudent buyer you would want to have all the information.

But based on everything the NDN has said, during our 'altercation', they weren't aware of issues with the upstairs, my extension permissions, that they needed to replace the fence that we share and some other aspects of their property. So it is the only other reasonable explanation other than just being a bully?

Get legal advice asap and do not liaise with the neighbour verbally or in writing - only via your legal representative.

Refer them back to their solicitor who should be able to advise them what the searches have shown.

Ah, I see. Could it also be that they haven’t understood all of the search results properly ? Our solicitor had very little actual contact with us unless we initiated it. Search results and documentation for signing were all done by post and we weren’t offered any help interpreting things. Ours was also a cash purchase so there were no finance related ‘red flags’ to highlight any issues - the result was various calls to the solicitor to make sure we understood everything . If your NDN wasn’t too vigilant, the info may well be on the searches and they didn’t realise the implications before going ahead with the sale. I would have expected it to have come up in a surveyors report though.

There’s direct questioning about past or current neighbour disputes on the property details paperwork and sellers are also required to disclose anything that may cause future disputes. If your old NDN HAS reported it, and they’ve either missed or ignored it, they have no comeback. If he hasn’t they can take legal action against him if the same issue arises again. I would have thought the same obligation to report these issues on sale of the property applies to all the flats in your block, as presumably you were all affected by the noise and disturbance.

I would chat to the PW Surveyor who dealt with your own extension for advice, they know the site and relationship between the buildings.

The damp course was probably work under the PW Act from what you describe, but it's done now - hopefully with no damage.

Horrible situation. An informal chat with a solicitor on how to guide the Freeholder to engage with problem tenants won't be do any harm, good to know your rights.

Thanks, everyone for your advice. Thankfully I own the freehold to my flat and the 'only' thing I share with NDN is the party wall.

I have spoken to my PW surveyor and the building on the boundary was explicitly agreed with previous NDN and included within the PW award. He says she doesn't have any legal grounds given the work was completed before she bought, and I've taken all necessary legal steps.

@Anotherdayanother2 reassuring then. Next step might be the NDN understanding this.. you'd hope a recent Award would have been passed across when they bought the place but they often get forgotten or people just don't pay attention. Having a complimentary copy available for the next chinwag might be handy! They can then talk to the other surveyor hopefully, and come to grips with reality.

I have an update: NDN has now written to all neighbours to say that they will be doing building works over the next 3 months because of issues they have found that will affect their health - which will cause noise and apologised to the neighbours.

I want to clarify with them whether these works 1. Is the extension they still need building permission for.

1. If it is merely to fix mould etc which they mentioned in passing, why would it take 3 months and why would they plaster before they did the extension

3.to reiterate if they work on the party wall they need to appoint surveyors for a party wall agreement award, including a conditions report.

I am now wondering whether they intimidated me so they could avoid going down proper channels?

Nonetheless, I would like to write them a letter stating the above facts. Do you think this is reasonable?

OP you have mentioned you own the freehold to your flat. Is this a share of the freehold or the freehold out of which leases of all the flats are granted? Is your neighbour’s lease granted out of the same freehold title?

Just wondering if NDN should be getting consent from their landlord for alterations, in addition to planning permission/building regulation approvals.

I would also ask for list of proposed works and details of surveyor they intend they intend to appoint for the PWA, if the works show one is required.

DiptyqueandDiamonds these are two houses, with two separate freeholders. So two semi-detached houses and then split into 4 flats. My neighbour upstairs is not very confrontational and is reluctant to question the NDN. So I feel I am fighting this bully on my own.

I believe NDN owns the freehold to both the flats on their semi-detached property

Sorry posted too soon - I own the freehold on my property fully, so it is not shared with neighbour upstairs.

The party wall is now the same as the shared wall dividing your houses. It passed planning, party wall agreements and building control. If their work leads to damage on your side, I'd imagine they are liable for any repairs.

Cailleach1 they certainly would but with a bully how would you compel them to pay without extortionate, cost and time and effort on your part?

I want to clarify with them whether these works 1. Is the extension they still need building permission for.
2. If it is merely to fix mould etc which they mentioned in passing, why would it take 3 months and why would they plaster before they did the extension
3.to reiterate if they work on the party wall they need to appoint surveyors for a party wall agreement award, including a conditions report.

If the upstairs neighbours are as bad as you claim, I expect a dropped ceiling may feature in their plans.

Their solicitor may either be a very bad solicitor who failed to check agreements, or (as is becoming more common) a badly trained legal executive. Or they didn't use either. See a good solicitor.

Can't you just speak to them rather than doing it by letter?