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Neighbours / Party wall / Extension / Trees

10 replies

GingerDoodle · 06/07/2013 13:49

Background. Neighbours almost continually do stuff to the house; often at weekends and late into the evening (we've had to abandon the house due to noise on occasion!). We've had boundary issues (over about an inch of garden - their issue not ours!) and privacy issues (they shaved their trees so there was effectively no fence between gardens, we gave them over a year as they said they would put up fences, then offered to pay to do it ourselves - the woman was very arsey about it and refused - we eventually put a fence up on our side and left it at that.)

There is a small 3m x 2m brick wall that borders our back garden before the fences start. Some on our side, some on theirs; they wanted it knocked down as they say its subsiding and said they would pay (asked us for permission in writing). No problem we said just let us know when your going to do it - they never responded and this was Feb. We know know it's a party wall so I'm guessing they have realised they need something more formal.

Fast forward to now. We are planning a single story extension and almost a month ago asked them if we could take the wall down and rebuild at the time of building the extension ad would cover the cost. They verbally agreed.
Last week we had our building surveyor round and he suggested that instead of rebuilding the wall then our extension next to it that we simply make the extension wall the wall iyswim. Neighbour responded to my txt and popped down, seemed ok with it but obviously wanted to check with his wife. His only concern seemed to be that it would limit light onto his patio for a few hours (which is true but this will happen regardless) so we offered to pay him to take his trees down completely as this would let shed loads more light into his garden all day. This was Friday.

Monday evening I txt him to say I would drop found our sketches and could they let us know their thoughts. We cannot get the drawings for building control / quotes done until we know re the wall and trees.

We haven't heard anything... I don't want to appear pushy so how long would be reasonable before prodding them?
What can we do if they choose to ignore us? Our surveyor is keen we make it worth their while to take the trees down (as it affects foundation depths) and keep them sweet but I can't see what more we can do, they want the wall replaced, it would be. They are concerned about light so we've offered a solution and financial incentive.

Over to the oracle of mumsnet!

OP posts:
flow4 · 07/07/2013 07:55

Sounds complicated, ginger. Have you looked at the government's Planning Portal? (I can't check the link from my phone, but you can Google it if it doesn't work). It has a lot of info about planning and building rules...

I don't know much, but I do know that the rules are different when you build right up to a boundary, compared with when you don't. There are lower limits to the height your extension is allowed to be when it's closer to the boundary, for instance.

You already know you'll need a party wall agreement if you use the existing wall. Personally, I think this could add to the stress and cost of your build, because you already know they are difficult people. You will need to weigh up what you gain (an extra few feet?) against what it will or may cost (compensation, legal fees, stress?)... You may find it's not worth it.

If you are building within your own land, and complying with all relevant rules and regs, then I think you can ultimately ignore what the neighbours say (tho obv you wouldn't want to). But if you want to build on the boundary, I don't think you can, however difficult that is.

GingerDoodle · 07/07/2013 10:23

Hi flow4, thanks for your reply. The responded! And actually I started reading and was impressed - they were being reasonable, happy to agree to the party wall, happy to remove the trees and replace with 6ft fence, happy to discuss us potentially using their garage and garden for access!

Then I got to half way down the fairly long email. They want 10k!!!! Partly for compensation of living with ugly trees for the last 2 years after they shaved their side because, they say, we were 'unwilling to discuss in a proper manner' the trimming or possible removal of the trees. Not I will be fair, when they moved in and mentioned taking the trees out I was not keen - because a) in their original shape there were a great fence and b) we'd only just paid £400 to have them trimmed (previous owner was an old lady and we were happy to help her out). If they had asked our thoughts after they had shaved them we would have not objected lol. In fact I even hinted at it when we put the fence up! In any case, they were / are their trees and they could do what they liked.

Waiting to speak to our building surveyor to see what he thinks before replying. Have no issue covering costs and something in the way of goodwill but 10k is taking the mick in my opinion.

OP posts:
flow4 · 07/07/2013 10:34

That's exactly what I mean! You'll have to deal with a lot of this if you build on the boundary. :( But AFAIK, if you build 1 (or 2?) metres short of it, entirely on your own land, you are much less dependent on what they think.

RoseFlowerFairy · 07/07/2013 10:42

They want 10k compensation for the tree fiasco they created with their own tree's? Shock I feel sorry for you OP. What difference does it make to build on the boundary and an inch away from the boundary and let them have an inch of land?

Potterer · 07/07/2013 12:26

I think you need to work out how much extra it would cost you to dig down deeper for the foundations because of the trees and I bet it won't be £10k.

Personally, I have lived next to arseholes in the past and I honestly think that if you coughed up £10k to these people they would lord it over you for the rest of your days. Plus I think it is an extortionate amount of money to hand over.

I have just built a single storey extension and we had issues with our foundations but it cost me an extra £500 and I didn't have strip foundations I had a slab foundation where they have to dig the entire floor area out.

I don't know anything about party wall stuff but I would build my extension, sod their trees, and take the easiest route re whether to use the party wall as your extension wall.

We are lucky here to have fab neighbours, I don't mean we go round to theirs for an evening but just that everyone is courteous, considers each other and everyone is happy.

GingerDoodle · 07/07/2013 16:52

Thanks for all your responses - I actually moved this to AIBU for more traffic but the consensus is the same - they are being greedy!

Am waiting to speak to our surveyor tomorrow but we will liking be building 1.5m on outside.

OP posts:
flow4 · 07/07/2013 18:19

The trouble is, Ginger, even if they are being greedy (and I agree) if you want to build on the boundary, they have you over a barrel...

Elansofar · 08/07/2013 22:35

What a difficult situation and quite difficult to picture without plans and photos etc. Deep in my memory there is something about serving notice under the hoardings act to prevent them from getting a right to light...might be worth researching, even if to adopt a countering position as they won't want the legal costs. Please remember that for planning permission you just have to say you have tried to work with the neighbours. It does not mean you have to pay a ransom fee for consent. The planners will consider the light issue when they consider your application. Your surveyor will hopefully help you with this.

RoseFlowerFairy · 09/07/2013 14:52

OP has updated on the other thread, she has decided to not share the extension wall as a party wall, she is going to build on her own land.

flow4 · 09/07/2013 22:35

Wise. Thanks for the update, Rose. :)

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