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.

It sounds as though you are proposing quite significant engineering works.
Have you checked whether you need planning permission?
Flats do not have permitted development rights like houses do.

Yes, the reason I covered the hole is too avoid rain, and also because I didn't want my dog to fall in the hole!!!

...and before anyone asks.....my dog did not dislodge the board as she we inside my flat at this time!!

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 think this might be the sticking point @Feebs7
You clearly have tried to keep your NDN aware of the work you are planning to do.
You've been clear and up front. You’ve checked what you could legally do, potential issues and are checking with a structural engineer.

They, in the other hand, are very worried you’re doing stuff but it’s going to impact them really badly. I suspect it’s not just about the wall. But also the fact your garden and theirs won’t be at the same height (I’m thinking where the rain water goes etc….).

So, I’d send them a letter (rather than or on the top of talking to them) explaining that you are getting a structural engineer to check fir any issues re the parting wall. Reiterate what you’ve told them before and confirm that the parting wall is yours (with plans/docs). Explain what the ‘hole’ was for abd that there is no plan just now to make it bigger.
Tell them they’ll get the written confirmation it’s ok as soon as you’ll have it. You won’t start work until you have the confirmation of the structural engineer anyway right?

That way you’ve shown that
1- you are keeping communication open. You are clear in your intent, keeping them in the loop.
2- you are doing things by the book.
3- hopefully you’ll stop an injunction etc… that will make your life harder

But the bottom line is that, even though you’re not legally bound to keep them in the loop etc…, doing so will make your life easier. Don’t stay stuck on the ‘legally I dont have to’. It’s not a hill to die on in this case.

Your language about this is really over the top. Privacy has been violated = neighbour might have (no proof) tried to look in a hole they are concerned about. You make it sound as if they are reading your mail or staring in your windows! Trying to control you = rightfully raised the fact that they might own the wall. Trying to obtain rights to the wall = painted it. Honestly! If I was your neighbour I would be concerned too, you are making assumptions about ownership, and sound like you are trying to cut costs by avoiding the legal paperwork.

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

From the situation you have described there is no real way of proving "categorical ownership" other than applying for a "determined boundary". This is very expensive to do and is just not worth it in this situation.

"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."

However, from what you say about the pipe this is a good place to start. A shared down pipe is usually (but not always) placed on the boundary between the two properties.

If the boundary wall between the two houses is in line with the downpipe and garden wall then this is strong evidence that the garden wall is a party wall and does not belong to him alone.

However, it may be that the down pipe is entirely on your side, in which case it would mean that the garden wall was yours. Check to see where the boundary wall of the actual houses is.

"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."

I'm not sure I understand here. If it is a party wall then he is quite entitled to paint his side of the wall.

The boundary wall is definitely centred underneath the shared down water pipe which then bends across my rear wall and continues down wards to drain into my garden.

I.e. the neighbours roof drains into my garden.

There is a rainwater hopper below the roof guttering that is also central to the garden boundary wall.

A small rainwater pipe from my neighbours gutter steps across from their side of the hopper and drains into the hopper.

To me it is quite clear that the boundary wall is either mine or it is shared.

However, my guess is I need an expert to confirm.🤔

Regarding the neighbour painting the wall -
He has painted his rear wall and extended his paint to go behind the shared rainwater downpipe - demonstrating that he is trying take ownership of something that is shared.
🤔

You could well need planning permission. Flats don't have permitted development rights like houses do.

Also permission from the freeholder. Have you downloaded the neighbours deeds to check what they say about the wall?

Your neighbour was wrong to trespass on your property, but you don't know for certain that's what happened.

In terms of communication, you keep saying you've told your neighbour your plans verbally, as if that's good enough. That's not worth the paper it's written on. Some people prefer to receive things in writing, particularly if they're concerned that the actions being taken are going to cause issues down the line. Think of it as an arse covering exercise, 'Dear neighbour, just to confirm our conversation of earlier today...blah blah blah.' @Another2Cats has given an excellent example of what to write.

I got permission from my freeholder to do the work in the garden. They don't have a problem.

Not sure planing permission needed as the retaining wall is below ground floor level and not attached to / supporting any buildings.

The retaining wall will be a maximum of 1.2-1.4m high from the basement floor level.

I do agree that I think this is the best way with this neighbour.

Before he 'trespassed' I did assure the neighbour I would try and get something confirmed in writing (by an engineer ) surveyor) to confirm the intended works don't fall under the Party Wall act and that I'm employing a structural engineer on the project.

Not sure what else I can do! He still dislodged my board covering the hole I had dug!

It sounds as though you are lowering the garden by a considerable amount - this could count as an engineering operation which would require PP. I strongly advise contacting the Council planning department to check. It sounds as though your NDN is likely to contact them once works start anyway.

I agree. Changing the level of a garden can cause issues with drainage and flooding so you definitely need to check all of this.

Soil removal can also affect that boundary wall.

Thoroughly check everything and then present your neighbour with plans etc.

I’m with your ndn to be honest- I don’t see they’re being anything but concerned about what you are doing, never mind the ramblings about wall painting etc

I am with the ndn too.

If I was your ndn I'd be really concerned about what you're up to too. The work you're describing sounds like it could have a detrimental impact on his property.

Yes I do understand the neighbours concerns, but I've done nothing dangerous so far, except digging a small hole to find out where the foundations are.

I live in a basement, and some of my garden is already below ground level.

My intentions are to increase the low level garden area, by pushing the retaining wall away from my flat - as it is blocking me from getting out of my door and into my garden easily.

I do understand this might impact the neighbours garden - and the boundary wall - and so I do intend to employ a structural engineer - before I do anything - and I have told my neighbour this.

Digging a trial pit was needed - to get a quote from my structural engineer and for them to confirm whether this is a party wall matter - and they have told me Party Wall can be avoided, as the boundary wall foundations a re so deep.

Also - in the hole I dug I found an old retaining wall - which is located much further away from the building and exactly where I had intended to propose the new retaining wall to be. It joins up with the boundary garden wall.

So it seems like the area/rubble I was planning to dig out has been infilled by the council at a later dated.

So it's quite a complicated....

It might seem like nothing to you because you're in control of your own plans, but to him the unknown aspects could seem worrying. Personally I'd work out what basic information my neighbours might need to know & briefly discuss it with them to provide reassurance on both sides before doing anything that might raise eyebrows or put them out. I would likely offer to send information by email so they can't claim not to know. I don't think it's unreasonable of him to ask. Just apologise for any anxiety, reassure him & keep him in the loop regarding when workmen will be there & any noise, disruption that might occur. He could just be a nervous person, rather than nosey, no point locking horns.

Nah.

"So long as it's legal"

Perfect advice.

To come back op, some engineering works need planning. Hence my query. Glad you got permission from the freeholder.

My fence boundary was not on my deeds. Land registry were helpful and found an additional deed with the fence information. You may find this is the case for the wall.

Tbh I'd be exceptionally concerned about what you are doing too if I were your neighbour as my mums neighbour did something similar and dropped their garden level, the fence needs replacing now, the fence is mums, but there's no solid ground to put a fence into with the dropped level on the other side.

Mum has subsidence insurance but we are not sure it covers the house and garden, we think it may only cover the house. (She's higher on a small hill).

The likely outcome is if mums tries to replace the fence the ground will subside into next doors garden, there won't be any insurance, and it's all going to be a nightmare.

Thinking more on it - I think my neighbour may have thought that in digging the trial pit - I was starting to undertake the work myself!! As they know I'm into DIY.

I mean, I'm very handy - but installing new reinforced steel retaining walls is one step too far for me 😂

I probably should have knocked on neighbours door and let them know I'm just digging a small trial pit - to find out depth of the wall foundations and not to be alarmed. 🙄

I'm just not used to this level of involvement from neighbours, as all of my previous neighbours have been live and let live.

I have asked my potential structural engineer, if they are happy to write down a statement to confirm the proposed work doesn't fall under the party wall act - to forward it to my neighbour, to reassure them.

If my structural engineer won't - then I found a surveyor who can visit my garden, to review the structural design, and confirm in writing for £250 that the work is not notifiable under the Party Wall Act.

Other than that, not sure what else I can do.

Alternatively, I was thinking of maybe of issuing the neighbours with my own Party Wall notice - without a surveyor - get the engineer to do a schedule of condition, and just issue the neighbours with all the necessary structural drawings and information. Even thought the intended work does not fall under the Party Wall Act.

I just feel like there's a couple of ways to deal with this type of situation, with neighbours - and I'm not sure which is the quickest and cheapest way.

I would just refer him to the Escape Committee.

I wouldn't be doing any work without a structural engineer.

I really do need to confirm ownership of the boundary garden wall, as I am almost certain it belongs to my freeholder.

However, discussions about ownership of the boundary garden wall may also lead to a dispute, so it's all very tricky...

@TriciaMcMillan

Exactly what I was thinking of

(singing) the grounds all flat and beneath it is the neighbour who's a nosy prat

I don't think you have a reasonable expectation of privacy when it's entirely reasonable for your neighbour to be concerned if they only have your verbal assurance that you won't be doing anything that comes under the Party Wall act and then refuse to answer further questions or provide proper assurance.

It's reasonable to give him something in writing which if you do anything stupid that undermines the foundations and causes the collapse of the wall, he can use as evidence in court when he sues you to hold you to account for that stupidity. If you are right and nothing goes wrong it will just be a useless bit of paper.