Problem with my neighbour - invasion of privacy

[Feebs7]

I've been digging a hole next to my garden boundary wall, to see how deep the foundation goes, as I may be doing some landscaping work - depending on what I find with this garden wall.

My neighbour noticed I was digging a hole - and has sent me an email to ask me to provide them with all information about the building work.

I have not employed any builder and so far - all I am doing is digging a hole. I verbally told my neighbour this.

I finished digging the hole, placed a board over it to cover it up, and then I left my home for a couple of hours.

I came back to find the board I had carefully placed to cover the hole, had been dislodged and the hole exposed.

I am not sure how my neighbour did this (probably with a long stick over my fence), but I feel like I am under their surveillance and that they have totally invaded my privacy.

I have no idea what to do, as I want to keep good relations with this neighbour, as they may need to be involved if the landscaping work goes ahead.

However, I genuinely feel like I can't even dig a hole in my own garden without them invading my privacy.

I don't know what to do - as I feel like they are breathing down my neck, and that I can't even sneeze without them want to know why.

Well, if you need their cooperation it might be politic to be totally upfront with them and tell them all your plans. Deal with any concerns they may have. Are you sure it's your wall and not actually theirs? They may be worried your works will undermine it's foundations or otherwise cause damage.

Anyway, the more secretive you are, the more curious your neighbour will be.

If you started digging a random hold next to my wall I'd want to know what you're up to. It's so strange. I can't understand why you need to see how deep the foundations are to do landscaping. You could dislodge the foundations by digging the hole. Maybe you should have given them a heads up about what you want to do not just start digging random holes. Stop being so cryptic, go round and explain what you want to do

I think you’re being a bit weird, tbh. If I saw my neighbour digging a big hole next to the boundary wall then they were really secretive about it, I’d wonder what was going on too. They’ve hardly put you under surveillance, just talk to them!

I would disagree with some of the previous replies here.

"...all I am doing is digging a hole. I verbally told my neighbour this."

And that is great, it was the right thing to do.

I agree that using a long stick to move a board that's on your property was definitely over the top.

Unfortunately, there are many very nosey people in this world who would insist on knowing all the details if you started digging a random hole or would insist that you go round and explain what you want to do.

You just have to accept that your neighbour is one of those people and put up with it until such time as you have worked out whether or not you will need their assistance with the landscaping.

If it turns out that you will need their assistance then just play nice for now and put up with them being nosey. If you find that you do not need their assistance then simply ignore them.

Thanks for your feedback...its always good to get an objective opinion about it.

About 3 weeks ago, I did visit my neighbours, to inform them I would be doing landscaping work in my garden, next to our boundary wall - which they told me they appreciated.

I told them the work involves excavate next to our shared boundary wall - as I want to drop my garden level, so that it is at the same level as my basement flat.

Since then, I spoke to a structural engineer / party wall surveyor who told me I need to find out how deep the garden boundary wall foundations go - if I want to avoid Party Wall Notices.

So then I dug a hole to find out the depth of the garden boundary wall foundations. They are really deep, almost 1 meter down or deeper. Therefore, it seems I don't need a Party Wall notice to do the work I want, as its garden terracing, and can be designed to avoid existing foundations.

I told my neighbour what I found, that the wall is really deep and don't think I need a Party Wall Notice......however he wants it in writing that I don't need a Party Wall notice otherwise he will take legal action (probably an injunction until I can provide him with proof).

I verbally told him I would try to get him assurance, by employing either a Party Wall Surveyor or structural engineer to confirm in writing.

I told him all this.....and then he still went and invaded my privacy by moving the board that I had covering up the hole I'd dug.

I am a lone person, and I really feel like they have invaded my privacy and that I am under their surveillance.

I'm very live and let live. But if my neighbour were digging near/under a wall, I'd get excited in case of damage to the structural integrity of same. Especially if I believed it to be my wall. And yes, that might come over as nosy and controlling.
Why don't you just tell them your plans, and that you don't want to compromise the wall either. And let them know that you've already consulted a structural engineer and party wall surveyor; it was their suggestion to dig the hole in the first place.

During my discussion with the neighbour - he told me the garden brick boundary wall is his. I had assumed it was at least shared.

He has provided no evidence that the wall belongs to him, and I can see that the garden boundary wall is clearly on my side of the chimney stack that I share with this neighbour.

So this neighbour is really trying to control my actions anyway he can....

I have told my neighbour that I my intended works do not fall under the Party Wall Act....my verbal assurance is not enough.

I've spoke to a solicitor, who told me as long as I don't infringe on the Party Wall Act, that legally I don't need to provide him with anything.

However, they also advised, that my neighbour may still get an injunction to ask me to prove that what I told them is actual fact.......which would later delay the building work....

Ignore them completely, don't engage, do what you like so long as it's legal.

Get someone in the confirm the boundary lines. Sometimes the wall is built completely on one side, sometimes in the middle. Walls often dont reflect where the boundary is.

You seem to have everything in order. Just keep doing what you are doing. Let your neighbour know. But maybe send a letter if youre anxious. I know whats its like living alone and feeling vulnerable.

I can't be the only person now hearing this:

So you've excavated a deep hole right next to the garden wall that may not even belong to you?

Have you actually checked your deeds? HM Land Registry is place to download a copy if necessary.

Even landscaping may require planning permission and also a party wall agreement. I can understand why your neighbour is concerned. Might be wise to speak to someone in the planning department.

Sorry this is really bad advice - really you want to keep them informed so you can stay neighbourly. They want something in writing - just give them something in writing

This is hilarious 😂.....thanks for lightening my mood!

You can't beat a bit of Bernard Cribbins 😊

They probably want to look in thr hole, to physically see how deep foundations are. By covering up the hole, they may think you're hiding something.

I'd invite them round. Show them the hole, explain your plan to refill the hole. Then move on and ignore.

Are you 100% certain that the board you placed was not moved by a fox, badger, cat or some other creature? All of these might well have taken exception to your disturbances of the earth and felt the need to investigated! A fox or badger would be more than capable of moving a board - maybe a determined cat too.

Think about this from the neighbour's point of view: you want to lower the level of your garden which means that earth previously against the wall will be taken away.

Your neighbour is worried this will undermine the foundations of the wall and cost him money to put it right. How close is his house to that wall? Ultimately the worry could be that the house will be undermined and potentially suffer structural damage. Older houses often have much more shallow foundations than is the norm nowadays.

If the wall or the house foundations are affected it can mean they will need underpinning (costly) and although that means there will be no chance of further structural movement it often means higher insurance costs.

So there appear to be two issues here. Your neighbour claiming the wall is theirs and second their insistence on having something in writing.

If you are putting in the terracing right up immediately against the wall and it does turn out that the wall is his then the Party Wall Act would come into play.

But where you mention terracing, I imagine this would be a retaining wall at least some distance from the boundary wall?

"...however he wants it in writing that I don't need a Party Wall notice otherwise he will take legal action (probably an injunction until I can provide him with proof)."

That part is actually very easy to do.

Write him a letter yourself and say something along the lines of:

Dear nosey neighbour,

I intend to undertake work on my property that is within 3 metres of our boundary wall. I dug an exploratory hole to determine the depth of the foundations of the wall and found them to be x.xx metres deep (or, at least x.xx metres deep if you didn't get to the bottom).

No excavation or structure on my property within those 3 metres will be lower than the foundations of the boundary wall. I would refer you to the Party Wall etc Act 1996 Section 6 - see attached - which clearly states that the Act does not apply in this situation.

Regards

Feebs7

https://www.legislation.gov.uk/ukpga/1996/40/section/6

The other issue of who actually owns the wall might be a bit more tricky to work out.

"He has provided no evidence that the wall belongs to him, and I can see that the garden boundary wall is clearly on my side of the chimney stack that I share with this neighbour."

The title register or plan for your property (which you can get here for £3 each https://www.gov.uk/get-information-about-property-and-land/search-the-register

may well show who the wall belongs to. If it does not, then you only rely on "presumptions". If the garden wall is attached entirely to your side of the building then it is likely to be your wall. If it is attached to the houses along the line of the boundary wall of the house then it is likely to be a party wall.

Defo not....I dug the hole - which my neighbours were aware of - as they had already gone up their ladder to peer over the boundary wall and look down into the hole I was digging.

After I was finished, I boarded up the hole carefully, then went out for 2 hours.

When I returned the hole was exposed and the board had been moved.

They obviously wanted to take some photo evidence of my actions - to support their legal action they threatened me with

🙄

The works you are considering sound quite major. You yourself are checking to see whether/how much they will affect a boundary wall. Surely you can understand his concern?

You've sought professional advice, why wouldn't he want to have the same?

You seem to have come across quite cagey and defensive. He's possibly nervous that he works will affect the wall and wants professional reassurance about that. Wouldn't you?

How much depth are you planning on dropping next to the wall?

You are correct that he is right to worry about my intentions as it might affect his garden and the shared garden wall.

However, I have kept my neighbour verbally updated to date and his subversive behaviour (moving my board to inspect the hole), is a form of trespass, makes me feel like he's invading my privacy.

The garden wall does not support any buildings and the work I am proposing is above the foundations of both the garden wall and any buildings.

The only issue is that I will be taking a mass of material away from the existing wall, which might cause his garden to collapse and the garden wall to fall down.

However - this is not a Party Wall matter as the base of the garden boundary wall is below the mass of concrete that I am intending to take away.

Also, I have evidence that the mass of concrete/ rubble I am intending to excavate - is a later infill that has been added many years after the building and garden wall was built - as I found a hidden retaining wall perpendicular to the garden boundary wall, which is much further away from the main buildings.

I do understand it is still a structural issue, due to the mass of earth that will be leaning against the wall from the neighbours side - so I intend to employ a structural engineer who is aware of all the issues.

I am just struggling to know how to deal with this neighbour, as I know that I am not legally bound to give him any information about my intended works.

I would understand if the proposed works later caused detriment to his property or the garden wall - but until then, I really don't know how to satisfy his concerns.

They probably want to look in thr hole, to physically see how deep foundations are. By covering up the hole, they may think you're hiding something.

Really?
The first things came to my mind was
1- trying to avoid the hole to be filled with water
2- for safety measure so no one (aka the OP) falls into it and hurt themselves.

Automatically thinking it’s to ‘hide’ something would show quite a suspicious mind imo.

Regarding ownership of the boundary wall -

I have checked the title deeds and can find no evidence the wall belongs to the neighbour.

We have a shared rainwater down pipe from the roof, and the centre line of this down pipe falls directly onto the centre line of the garden boundary wall.

So - I do not believe the wall belongs to them, and I will be applying to my freeholder to confirm as soon as possible.

How else can I find categorical ownership of the boundary garden wall?

I noticed the neighbour has painted his wall, extending the paint, so that it includes in the garden boundary wall, so it's clear he has been trying to obtain rights to the wall.

Regarding the proposed work -

Yes, a structural engineer has told me I am likely to need a solid concrete retaining wall that starts at the boundary wall and extends into my garden.

The engineer have told me they have methods of doing this safely and should work with my builder to ensure this.