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Neighbour now refusing to pay

12 replies

Whothought · 17/09/2025 16:29

Right, so we’ve been naive. We share a garden wall with our neighbour, joint ownership on the deeds. It was in a dangerous state of repair, made all the more apparent after both of us stripped ivy from our own sides of the wall. When two large coping stones fell off and almost hit her whilst she was removing ivy, both parties agreed that the wall needed to be rebuilt.
My DH and I got three quotes and went for the lowest priced option which was £7k. Both of us agreed to split the cost but the builder only wanted to issue one invoice and so we agreed to pay the full amount and our neighbour would reimburse us directly- this is where we were clearly naive - and requested our bank details. The work was completed to a high standard and she was happy with this, however she had four pillars which had been erected as a precautionary measure by a previous owner and before she was prepared to to pay for the work on the wall, she wanted us to agree to pay half for the removal of the pillars. As we enjoyed a harmonious relationship with our neighbour we were prepared to do this if the cost was reasonable and asked them to get a quote. This is when everything went pear-shaped.
The neighbour’s son got involved and the neighbour is now refusing to pay anything, claiming that his solicitor said that as there was no Party Wall Agreement, they were not liable for any costs. The son is also denying that the parent ever had any of these conversations with us or agreed to anything, needless to say, we have nothing in writing.
Sorry this is so long but we would never behave like this to anyone else and we would like to know if we have any recourse.

OP posts:
YouCouldFallOutWithYourselfInAnEmptyRoom · 17/09/2025 16:39

As it’s your wall I would, to be petty, go round and paint it a foul colour of your choice and leave them looking at something hideous.

In reality I think you probably need expert advice, rather than opinions of (mostly) unqualified posters on MN. Do you have legal cover as part of your home insurance that could advise?

Did their pillars actually get removed and you’ve paid your bit of that, or are they still there?

Pengane · 17/09/2025 16:40

I have no experience in these matters but could you explore going to a small claims court?

prh47bridge · 17/09/2025 16:43

Do the deeds say anything about the costs of repairing the wall?

If you take this to small claims court, it will be decided on the balance of probabilities. You may be able to win even though there is nothing in writing. If you want to go down this route, your first step is to send your neighbour a letter before action. This should set out your version of what has happened, how much you believe they should pay and how you have calculated that. You should include copies of any documents you will use to support your case (e.g. the quotes) and a list of any documents you want from your neighbour. You should give them a reasonable deadline to pay (28 days is normal) and state that you expect to take legal action without further notice if you do not receive a satisfactory response.

Note that sending this letter does not commit you to taking legal action, but it is a necessary step if you want to go down that route. Assuming your claim is between £3k and £5k, the court fee will be £205. You can add this to your claim. However, you need to think seriously as to whether you have enough to persuade the court that your neighbour agreed to pay, as otherwise you will simply be throwing more money away.

Pollqueen · 17/09/2025 16:45

You need proper legal advice. Not MN legal advice

Pollqueen · 17/09/2025 16:46

And I say that as a lawyer

NewsdeskJC · 17/09/2025 17:21

Do you have legal cover under your house insurance? They could give you some decent advice.

indoorplantqueen · 17/09/2025 18:05

do you have anything written from the builder were you asked for both of you to be invoiced and he said he could only do one. Or would be be willing to write a statement that this conversation was had?

MusicalCarbuncle · 17/09/2025 23:05

Agree you need legal advice. Could there be a reason you aren’t aware of why the son is being seemingly awkward? Does the neighbour definitely have capacity? I mean, he could just be a total dick but if the neighbour has any cognitive issues you’d see why they might be a bit prickly. I can’t imagine letting my son overrule my financial and household decisions if I was compos mentis.

Before pursuing expensive legal action you could always try the kill them with kindness approach. Invite them round for tea and cakes, say how sorry you are that you appear to be falling out over a small issue, etc, and how you would absolutely hate any legal dispute to devalue both your properties etc etc etc….

Whothought · 18/09/2025 17:58

The pillars are still there, in neighbour’s garden, they aren’t anything to do with us. The sone came round and said he wouldn’t discuss paying us anything until we had agreed to get his pillars removed and paid him half for that. They also wanted to have them taken through our house because it would make a mess in theirs 😳

OP posts:
IsTheRecyclingOut · 19/09/2025 14:56

Whothought · 18/09/2025 17:58

The pillars are still there, in neighbour’s garden, they aren’t anything to do with us. The sone came round and said he wouldn’t discuss paying us anything until we had agreed to get his pillars removed and paid him half for that. They also wanted to have them taken through our house because it would make a mess in theirs 😳

They also wanted to have them taken through our house because it would make a mess in theirs 😳

Haha!

Do you have anything in writing? Sorry didnt see if you did

Blessedbethefruitloopss · 19/09/2025 15:03

Did the builder witness any conversations? Could he be a witness if you proceed to court?

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