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AIBU?

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Original poster

Neighbour has built their wall half in our garden.

226 replies

Poppingmad123 · 25/04/2021 18:38

Thus the wall that is theirs is now a shared wall as its half on our house and half on theirs. Trouble is this now means if we want to make our driveway bigger, we have their wall in the way and can’t just build in our own grounds. Not sure if we can move their wall back to their side. Just don’t understand why they did this (other than greed for more space on their side) but they had plenty anyway.

I am so upset and angry about this. It doesn’t even match our other walls! It’s actually stressed me out so much that I can’t sleep and I’m thinking about this all the flipping time. I see it every time I step out my house so can’t just ignore it. I feel they have ruined the look of my house. I feel really resentful towards them now which I hate but just can’t help it! They never applied for a shared wall (party wall) or went through the process. They just acted as though they didn’t know what they were doing , didn’t seem to understand boundaries etc despite having professional builders. I can’t believe they wouldn’t have advised them. Also what kind of builders build walls not knowing where the boundary between houses is?

I just need some perspective as this is making me somewhat ill. Am I unreasonable for being so upset, is this normal that I’m letting it get to me this much or should I let it go? I know it’s just bricks and mortar but it’s my house! What would you do in my shoes?

By the way, we want to sell our house in the future so don’t want to be in dispute as that would put potential buyers off.

OP posts:
PanamaPattie · 25/04/2021 19:05

A sledgehammer is your friend.

Roszie · 25/04/2021 19:06

Come on now. You know the drill.

Photo or diagram.

waitingforthenextseason · 25/04/2021 19:13

If you're positive they've built it partially on your land, tell them to remove it.

Ariannah · 25/04/2021 19:15

Get a solicitor to write to them and tell them to remove it.

MaggieFS · 25/04/2021 19:18

I would absolutely involve a lawyer (legal cover on home insurance?) and get this dealt with ASAP. The last thing you want is to leave it lingering and then when you want to move have it crop up during the conveyancing and put all your plans on hold. As long as you get it properly resolved, the fact there's been a dispute in itself shouldn't put buyers off.

RaptorInaPorkPieHat · 25/04/2021 19:19

Do you have legal cover through your home insurance? I'd let them deal with it.

HughGrantsHair · 25/04/2021 19:19

From personal experience, legal cover through house insurance won't touch it unless you have evidence (ie. A surveyors report) showing they have trespassed.

If you want to do something about it, contact a solicitor, who will write to them to ask for it to be rectified. If they refuse, you will have to go halves on a surveyor to agree where the boundary is and then come to an agreement to rectify it. If they refuse to play ball, your solicitor can take it to court.

Potentially expensive and stressful.

My advice for anyone in this position now is to never allow the building to go-ahead in the first place! Sit on the land if need be. Once it's up, it's a bleeding nightmare.

SpeakingFranglais · 25/04/2021 19:21

A wall doesn’t take 15 minutes to build. Why TF didn’t you question them when the foundations were being laid? 🤨

Unsure33 · 25/04/2021 19:24

Even if you don’t dispute it it could come up when you sell anyway if someone inspects the boundaries . I think if it’s clearly over your boundary then you should do something about it .

icelollies · 25/04/2021 19:25

But aren’t dividing walls or fences between properties half on one side and half on the other? My garden wall with my neighbours runs from the middle of our semi detached to the end of our gardens? So half on my side and half on theirs? Why wouldn’t this be the same?

If its a wall to an extension though, I think it should be on their side completely..... including any guttering - i.e. guttering should be completely on their side and not overhanging your garden.

user1493494961 · 25/04/2021 19:27

An acquaintance had a similar dispute with a neighbour, it eventually went to court, took 3 years to resolve and cost £200 thousand. Acquaintance won and was awarded costs but the stress was horrendous. If I were you, I would stick a bit of trellis along it and grow something to hide it.

ContinuousMonotoneBeep · 25/04/2021 19:28

Is it very far in? If it prevents you being about to put in a drive I imagine it might be. Obviouslythat's very wrong of them.

Or is it that the middle of the wall in on the divide between your house? I assume then the entrances must been very narrow as you speak of them being greedy for more space (as a few inches in a narrow entrace is a high percentage of the space)

Either way it'son your land and they can't build there, they will have to knock it down and rebuild so it is n just on thier land.

HughGrantsHair · 25/04/2021 19:31

@ContinuousMonotoneBeep

Is it very far in? If it prevents you being about to put in a drive I imagine it might be. Obviouslythat's very wrong of them.

Or is it that the middle of the wall in on the divide between your house? I assume then the entrances must been very narrow as you speak of them being greedy for more space (as a few inches in a narrow entrace is a high percentage of the space)

Either way it'son your land and they can't build there, they will have to knock it down and rebuild so it is n just on thier land.

No one can make them knock it down though, well only a judge.

And we were told if we touched it because it was their building materials, the police could get involved for criminal damage! Even though it's sitting in our garden.

Comefromaway · 25/04/2021 19:33

@icelollies

But aren’t dividing walls or fences between properties half on one side and half on the other? My garden wall with my neighbours runs from the middle of our semi detached to the end of our gardens? So half on my side and half on theirs? Why wouldn’t this be the same?

If its a wall to an extension though, I think it should be on their side completely..... including any guttering - i.e. guttering should be completely on their side and not overhanging your garden.

Not always, & if they are it requires a party wall agreement to erect or replace.
Mrsmadevans · 25/04/2021 19:34

If you make a dispute with them it will be on record and you will have to declare it . Put it behind you OP and perhaps start looking for a new place sooner then it will be someone else problem , good luck.

SteveBuscemisRheumyEye · 25/04/2021 19:39

It's one of those things that day to day, probably isn't an issue. However, it will most likely affect your house value etc etc. You've got to talk to them about it and get them to rectify, else they will end up owning that land

Laiste · 25/04/2021 19:41

Did they dig footings? Is it a double skin?

If it's anything like the wall DH (builder) built recently in our garden it'll be a double skin of brick with a gap between.

This means in theory it could be a good deal more than ''half a brick'' creeping into OPs land.

I must ask OP - why didn't you stop them at the time??

Teddyandsuzie · 25/04/2021 19:42

Have you spoken to your neighbours about it, what are they saying?

Stuckhere2021 · 25/04/2021 19:43

Picture or it didn’t happen 😁

Laiste · 25/04/2021 19:43

Trouble is with leaving it to be someone else's problem (ie a future buyer) is that it might well show up during the buyers survey that the wall is over the boundary.

There might be future teeth sucking ...

SquirtleSquad · 25/04/2021 19:45

Diagraaaaaaaaaam

SirVixofVixHall · 25/04/2021 19:55

Yes, diagram please OP. It will make it much easier to advise you.

Saracen · 25/04/2021 19:58

Do you have proof of where the boundary is, so you can show that they don't own the land on which they built?

fairydustandpixies · 25/04/2021 20:01

Diagram!!!

Devlesko · 25/04/2021 20:03

@Youdontknowwhatyoureonabout

Why did you not stop them when they started building it? Or did they knock it up whilst you were out? I’m afraid I’d have sent DH straight round to say they have encroached on our plot so they need to take it down and rebuild it on their side. How long has it been built? It doesn’t need a to be a dispute, they may have just thought that, as a dividing wall, it needed to be equal both sides. They may not realise they have caused you an issue. Some people are just clueless rather than CF. How long has it been up?
I'd have sent dh. Classic.