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Original poster

Legal panic, they're digging foundations onto our side

21 replies

lemonice · 27/05/2004 10:54

They've demolished the property next door which had its wall as the boundary between our garden and them. Today they've started work on putting two houses up which will have their wall on the boundary. They've dug a trench for the foundations and it straddles the boundary, how far can they come over and suppose we want to build ourselves later. Shouldn't they have served us notice for work on the boundary as party wall act? I'm feeling really stressed, can't speak to them because I don't know who the developers are and I'm at work.

OP posts:
Piffleoffagus · 27/05/2004 11:02

Call the council and give them your postcode, they must have planning permission and the person there will detail EXACTLY what they have permission for
Go go go

CountessDracula · 27/05/2004 11:03

Absolutely. Surely you should have been involved in the planning permission consultation? Call the council NOW!

Original poster
lemonice · 27/05/2004 11:09

I called the council already and they say it's not a planning matter, it's a boundary dispute and nothing to do with them. The plan shows the property on the boundary ie replacing the old property but I thought they'd have to keep all the digging only up to where the old wall was? We want to build on our side but haven't the money, but when we do if they have foundations there won't we have to leave a gap so as not to disturb their foundations so we will lose some of our land to them?

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mothernature · 27/05/2004 11:13

1.Find out who the builders are working for.

2.Contact them and ask to see a plan of the proposed works they are carrying out.

3.Speak to your solicitor for further advice.

Good luck.

Piffleoffagus · 27/05/2004 11:15

agree a solicitor will have to be involved. find out who is doing the building and get teh plans looked over and couriered to your lawyer ASAP!

foxinsocks · 27/05/2004 11:16

We had exactly this problem. Next door rebuilt the house and they claimed that the wall separating our garden and theirs was in the wrong place and should have been a foot over into our garden. It was an absolute nightmare. You need a surveyor. The rules over garden separating walls are complicated and you can get a booklet on it called 'Party walls' and 'Boundary disputes'. royal institute of surveyors Look here for general info and there is a number to call to get a surveyor in your area. Normally, if there is a dispute, an independent surveyor is employed and they will pay the costs.

In the end, we compromised because we never had a 'brick' wall (this is very important - if it is a fence in the garden, it doesn't count and has different rules) and they only came a little bit into our garden and not as much as they could have done in return for us not kicking up a huge fuss and delaying their building.

foxinsocks · 27/05/2004 11:18

P.S. It is in your rights to halt the building next door until you are satisfied. We were told this by the surveyor and the council.

foxinsocks · 27/05/2004 11:22

oh and lemon, we NEVER got served notice and they have been building for 9 months now - all involving party walls. They should serve you notice but there is nothing saying they HAVE to serve you notice. It's just good building practice. We told council we hadn't had notice through the party wall act and they were like 'so what'!!! I'm not sure everyone does it but good practice says you should!

Oh and lastly, I would speak to the builders. We did this and they were, in the end, quite helpful.

Original poster
lemonice · 27/05/2004 11:31

Thanks for support. I only saw what they were doing this morning when I was off to work. I rang dp to say that council said not their business and dp would have to speak to the builders and get contact name for the developers and he hates anything like this (not at all assertive) and because my house (I don't think of it like that I think our house, we've been together 5 years nearly)he waants me to deal with it or not, anyway I got in a stress with him because i don't think he will speak to them and they'll be gone by the time I get bakc and feeling mor upset because I put the phone down on him without saying goodbye

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mothernature · 27/05/2004 11:35

The developer's do need to have had planning permission to do what they are doing, check on your local authorities web site under planning applications, you should be able to find out who is dealing with the proposal and it should also state who the developers are.

foxinsocks · 27/05/2004 11:37

poor you....I hated all this hassle too and my non-assertive, confrontation-avoiding dh point blank refused to speak to them aswell. Not fun and I really sympathise. I gave up with my dh, accepted he just wouldn't talk to them and just asked him to support me if I did. Still, I was slightly annoyed though deep down. Sorry you are having to go through this.

foxinsocks · 27/05/2004 11:40

As you are next door, you should have been served planning notice through the post (for the development). On it, you'll get the name of the applicant and it gives you a chance to object. It also should have referred you to local library where you can see the plans. If you didn't get this, then call the council back. Any development on your boundary should have planning notice. I don't know where you live but here in Richmond upon Thames borough, there are all now on line so check your council website as well.

Original poster
lemonice · 27/05/2004 11:53

The planning went through about 18 months ago (after several previous refusals) and we did make representations over those but the property was sold last May and the council only have a rcord of the applicants. I rang them and a stroppy cow just said it had been sold and wouldn't tell me who to. I did meet someone I believe is the ownere a couple of months ago but she didn't give me her details and I naively thought that there would be some contact before it all started. Fool.It's actually the house walls that are going up on the boundary not a garden wall.

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foxinsocks · 27/05/2004 12:01

yes, that's what they did here - they've built a house on our garden boundary i.e. it used to be their garden and is now a wall to their house IYSWIM. It still falls under boundary walls or what ever. We were just in more trouble than you because the boundary between the two gardens had never been a wall. It's all so bloody ridiculous really. Out of courtesy, they should have said something to you before it started but we all know about developers and courtesy

gingerbear · 27/05/2004 12:06

lemonice, it may be worth joining the neighbours from hell forum. I got some good advice over a similar thing - the pub across the road wants to build a 12 bedroom extension!!

SoupDragon · 27/05/2004 12:13

Take photos and mark the boundary on them for future reference.

Can you wait til they have gone tonight and mark out the boundary line with posts and string and then point out to the builders that they do not have permission to dig on your side and could they inform the developers of this fact?

Also, where were the foundations for the original house if it had it's wall on the boundary? Did its foundations originally straddle the boundary?

Original poster
lemonice · 27/05/2004 12:35

Thanks fox, it's comforting to know that I'm not the only one to have a lets not make a fuss partner. I've checked out the RICS website and as i see it it seems there should have been a party wall agreement. Also tried to look at the local council web site but(surprise)it doesn't work properly. I know they have permission to build on the boundary but i think the planning perspective is different from disagreement about what they can do on the boundary. I'm not sure whether i should be looking for a solicitor who specialises in this or a surveyor who does. How do I find one who is any good and I can't afford to spend much so don't want to get into some big legal thihg scary. We're in Warwickshire by the way.
SD not sure what foundations were there because when I came out at 9.30 today they had already dug the trench where the wall used to be.
Thanks for all your responses everyone. I'm trying to calm down a bit now.

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SofiaAmes · 27/05/2004 23:19

You could also contact Building Control as whether or not they have or need planning, they will certainly have to file with Building Control. You could say to them that you are concerned about the digging on the foundations and the effect it may have on your house. (It really doesn't matter that it isn't actually your house) Building Control actually has the power to stop work then and there. You may find that they are more helpful than the planning department. You should also talk to the builders and ask them who the architect is and contact the architect regarding a Party wall agreement. It's odd that the owners wouldn't have done one as it protects them from you. Without one you could turn around and say that all the cracks in your house are due to their excavations and they would have no way of proving that the cracks were in fact already pre-existing. I am an architect and we always always make our clients do party wall agreements with their neighbors.

girlie · 28/05/2004 23:06

Don't want to steal this thread, but does anyone know whether it is legal to put the footings of a fence in neighbours property (normally footings are underground)

littlemissbossy · 28/05/2004 23:30

girlie, explain a bit more...

littlemissbossy · 28/05/2004 23:41

girl, for garden law information look at www.gardenlaw.co.uk you can post queries on their forum and professionals post answers - I've used this for a neighbour, very helpful

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