Neighbours wall foundation

Discussion in 'Builders' Talk' started by SNAFINCH, Aug 23, 2015.

  1. SNAFINCH

    SNAFINCH Guest

    Yes, we have a reasonable relationship with them, ( but have had fall outs in the past over their barking 'woofer'.. ). Point taken though ref trying to cut down protrusion, yes prob would be hard to take down with the pebbles.... and certainly don't want to cause any damage....... might have to re think. Could always put in some low growing heathers or other shrubbery to hide it......
     
  2. SNAFINCH

    SNAFINCH Guest

    Anyway Gents.... thanks for all your useful and constructive comments, all food for thought. Will sit on it for a while ( I don't mean the wall :) ......

    Prob too much hastle to start altering things, for both us and our neighbours. Will most likely go for for the 'masking with foliage' option....


    Cheers...
     
  3. I think that's a good call, Snaf, as all the other options will be a lot of work and could present unwanted issues.

    (You could 'clad' it with a contrasting brick - a couple of rows going up in front, and then a row going over the top to the wall, but that would risk having a high step that car doors open out on to... :( )

    So, your idea - an edge paving on your drive leaving a 3-4" gap of soil between it and that wall's found, with a sprinkle of gravel on top and some slow-ground-cover plants could actually look very good - and is easily the best solution.

    The 'found' doesn't even need completely covering - you could plant (aargh - what's they called - the low, hardy plants you get in cold climes on rocks and stuff?) with only the occasional 'climber/covering plant. Then paint the exposed found in your choice of colour - dark green or black or charcoal or summat - and let nature do the work.

    Cool - you've arrived at the best solution yourself :)

    (Really - removing it could have been a major headache...)
     
  4. Phil the Paver

    Phil the Paver Screwfix Select

    DA I thought you were Scottish???

    You forgot the name of one of your most common plants.

    Heather, man it's Heather.

    Unless that not what you meant.:oops::oops: :p:p:p
     
  5. Ha-ha :)

    Akshully, heathers could look nifty.

    I meant - sod it, I've forgotten again.

    ALPINES! That's it.

    With the occasional 'climber/ground cover' plant (tho' not a fast growing one.)

    Phew... :oops:
     
  6. KIAB

    KIAB Super Member

    Lavender, it thrives on gravelly soil.
     
  7. Phil the Paver

    Phil the Paver Screwfix Select


    Oooooo, would smell nice too, just hope you don't mind bees though. :p:p:p
     
  8. KIAB

    KIAB Super Member

    Bees need all the help they can get.:)

    use a frost hardy type.
     
    Last edited: Aug 24, 2015
  9. KIAB

    KIAB Super Member

  10. Phil the Paver

    Phil the Paver Screwfix Select

    For an edging, something like this would look nice, as long as you have room on your drive to lose the extra width.


    [​IMG]
     
  11. Phil the Paver

    Phil the Paver Screwfix Select


    Absolutely, bees are the backbone of most plant life, just wish my wife would understand this, instead of nearly killing me every time she runs a mile trying to get away from them.:p:p:p
     
  12. barcyn

    barcyn Member

    What gives the right to place foundation across the boundary below ground level?????

    I'm currently in Party Wall Act dispute with neighbours over this exact issue. The Act doesn't seem to endow that right - is there some other provision that I can quote so as to dispose of their objection?

    Any answers greatly appreciated as surveyors costs seem to be spiralling out of control on what we were originally led to believe is a "simple issue" !

    Cheers
    Barry
     
  13. DIYDave.

    DIYDave. Screwfix Select

    From the photo, it looks like you have already planted some low lying shrubs to cover the foundations..............

    Or is that just the weeds ......................................:eek:

    Sorry, couldn't resist !
     
    KIAB likes this.
  14. KIAB

    KIAB Super Member

    The Party Wall, etc Act 1996

    (6) Where the building owner builds a wall wholly on his own land in accordance with subsection (4) or (5) he shall have the right .....
    ..... to place below the level of the land of the adjoining owner such projecting footings and foundations as are necessary for the construction of the wall.


    I have a link which I can't find at the moment.

    P:S:

    RICS has a consumers helpline,Tel 02476 868 555& can arrange for you a free 30 minute initial consultation.

    http://www.partywalls.org.uk/media/uploads/Pyramus_and_Thisbe_ebook.pdf


    http://www.boundary-problems.co.uk/boundary-problems/walls.html

    http://www.rics.org/Global/RICS-consumer-guide-Party-Walls.pdf

     
    Last edited: Sep 3, 2015
  15. Barry. Seems like you have a sh** surveyor.

    Try looking at Section 1 Paragraph 6. It's black and white.

    http://www.legislation.gov.uk/ukpga...ction-and-repair-of-walls-on-line-of-junction
     
    KIAB likes this.
  16. KIAB

    KIAB Super Member

  17. No probs.
     
  18. rd1

    rd1 Member

    Barry,
    Just to add to the advice given above, the Act does give the right in sect 1 (6) for the neighbour to build but it cannot be read in isolation, the Act also states the rights of the neighbor regarding negotiation and compensation for footings placed on the neighbours ground.

    You do not say which type of party wall you have the issue with, or whether you are building or are the neighbour affected. Is your issue the normal one about building a wall on the boundary which is required for an extension. If it is then Para 4 of the Act that states that if disputed then the wall/ build can only be on the owners land and not the neighbours. This is confirmed by the guidance notes for the Act which state on page 29 (54) Q. Can I build a new Party Wall astride a boundary? Only if the Adjoining Owner agrees. If not you must build the wall wholly on your own land.

    The trouble is that the Act is the legal instrument and to get the legal interpretation by the courts you will need to look at case law. The research I carried out was clear that the neighbour land belongs to them, and it is for them to decide how they wish to proceed. Clearly this does not apply to work on an existing party wall such as semi or terraced type housing which does give both parties clear rights to proceed.

    Once a dispute is raised formally then the costs will start to escalate and only the lawyers, or in this case the surveyors, will win

    A family member also has a dispute like this going on with their extension and have opted for wider footings approved by Building Control where the wall can be built right up to the boundary line but the footings do not protrude into the neighbours. They have also had to amend planning regarding gutters and roof overhang as this is also not allowed to overhang. This appears to be the only way to ensure legal compliance with the Act without moving the new extension wall back from the existing wall (Gable boundary). The additional bonus of this approach is that it does not give any issue for dispute and therefore one hopes, no surveyors fees or unpleasantness with neighbours. It also shows that they are attempting to meet the needs of the neighbour but not protruding or disturbing into their land.
    I hope this helps and good luck with resolving your building issue.
     
  19. barcyn

    barcyn Member

    Thanks for the great signposting and advice guys. It seems I do have a s***t surveyor but it's compounded by the fact that the surveyor appointed by neighbours is also **** or perhaps being clever by raising points that mine's not capable of countering.

    I'm rapidly getting to the point of thinking about ending the Act process, paying my surveyor up to date and just going ahead with the build (being careful to stay within the constraints of the Act). It's my understanding that in order to stop me the neighbour would have to get an injunction at a cost of about £5k. I know this sounds aggressive but we're way beyond the point of being able to talk amicably about things.

    I'll let you all know how we get on.
     
  20. rd1

    rd1 Member

    Barcyn,
    That's exactly where we got to with the process and I don't think it is aggressive but good sense and allows you to exercise your right to develop your property as you wish and as allowed.

    Working within the Act but not compromising our build was the best and cheapest option for us, for him to get to the injunction stage he would have had to go through the dispute stage first to stand any chance of succeeding with any injunction application. We wanted the surveyor he appointed, to only be able to recommend 'nothing to dispute'. This would enable us to start and even if he wished to escalate to the injunction route once started it would be difficult to see how he could get the injunction granted.

    To get to that stage, we used the PWA letter from the guide with very careful wording for each section with emphasis on the matching roof tiles, foundations and wall up to boundary, no deeper than his existing, not encroaching into his land, guttering and roof line plan amended so as not to overhang, no openings or windows and no access required unless offered.

    We also recognised that if we did ignore any of the disputable issues from the Act or reneged on the letter sent to him then it would be very easy for the neighbour to stop our build and get the injunction granted supported by the initial surveyor report.

    Our neighbour appears to be content with the way the build is going now its started, although he is keeping a keen eye on the boundary and foundations, as are we, to ensure we give him nothing to enter a dispute on.

    Good luck and I hope it all works out for you and will be interested to see how you get on.
     

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