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Garden and party wall neighbours problems help!!!

31 replies

Frutter · 02/04/2018 09:39

Hi

I really hope anyone can advise us as we have tried everything.

We have the neighbours from help. Old brother and sister and one is a councillor as she likes to tell us!

We wanted to build a conservatory with decking area so applied for householder development. We didn't realise the party wall act existed so dug some soil away to put in a minor retaining wall so we can have a decked area, this is about a foot high, madd from sleepers and goes up toour neighbours existing wall that is in a bad state of repair and falling apart. Hope this makes sense.

Because we didn't know about the party wall act they have been very controlling and got us to change our plans to suit them. They wrote a 2 page complaint letter about the conservatory- generally irrelevant stuff as they won't be able to see it. The planners visited and told us we need planning permission for consrrvatory which is fine. But that the gardening is ok to continue including the sleeper wall.

Our neighbours are extremely unhappy even though we changed our plans and it doesn't affect their wall in any way. They are rude and always watching us. They even complained about the planner and told her they were watching her out the window. So the planner told us the best thing would be to erect a fence which we were planning on doing anyway.

So we wrote a letter to notify neighbours- trying to be nice. They wrote back saying they might sue us for deliberately damaging their wall and trying to hide it with a fence- some of the render has come off but the whole wall is falling off including the capping stones so it wasn't us doing any damage. They have made all sorts of horrible claims. I have offered for us to either:

  1. 're render the wall ourselves then erect the fence
  2. Give them a bit of time to fix it
  3. If they aren't going to let us fix or them fix then we erect the fence anyway

So my actual question is:
Is there anything they can actually do???
I know the fence is ok to put up but I don't want to get into worse conflict as we have 2 young children. Can they sue us for anything??? Would they have a leg to stand on??

We can try the following if you think it's a good idea:

1.Complain to council was she keeps trying to use her position as a councillor to intimidate us

  1. Get solicitors involved as step dad is a solicitor
  2. Get a surveyor in to help with the party wall problem but ££££ and I'm on maternity and broke. ( conservatory is second hand and self buikd)
  3. Tell them to leave us alone and sue us if they want to

This is stressing me out and as I'm at home all the time it's making me really angry having to watch them

OP posts:
Frutter · 03/04/2018 17:14

We didn't need planning permission and it's questionable whether we even needed pwa as we didn't dig near foundations. We only need planning permission for the conservatory that we are currently waiting for.

We have tried being nice many times. They spoke to us today and said they want to talk about a shared fence. We think it's all about control now rather than a real issue. As she has now said they have no issues with the conservatory despite the 2 pages she wrote to the planner!!

We don't want to share a fence as they want to use a builder but we want to do it ourselves as it's well within our ability and the cost is significantly less. Also we don't want issues in the future so we want a fence that is ours.

OP posts:
namechangedtoday15 · 03/04/2018 17:21

Is it your boundary OP or are you putting the fence (with posts etc) all on your land?

AJPTaylor · 03/04/2018 17:26

i would put your own fence up within your land and leave their wall in situ. let them maintain their wall how they see fit. you cant reason with an unreasonble person

Jaxhog · 03/04/2018 17:37

Take photos of the wall as it is, then put up your fence.

Frutter · 03/04/2018 19:59

Yes we want to put a fence up on our own land. I don't want to share ownership of something with people who have such different tastes to us and I don't want future issues regarding maintenance/ painting etc as I can see them not letting us maintain it properly.

OP posts:
InTheRoseGarden · 04/04/2018 10:50

Can I just disagree with a PP to say absolutely do not serve a "retrospective" party wall notice about your sleeper wall. Even if you needed to serve a notice at the time there are no consequences for failing to do so; the neighbour's only option is to get an injunction to stop your work and make you follow the PWA process. As your work is complete you would be utterly mad to do anything now. Smile

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