Pain in the Butt neighbour

Discussion in 'Builders' Talk' started by SW, Jan 9, 2010.

  1. SW

    SW New Member

    My next door neighbour has refused access to her property, so that i can build a new garage.

    The plan was to build the gable end on the boundary line, and then render the wall and paint. This wall will then become her fence/boundary. I'm doing her a favour by replacing her knackered fence.

    She hasn't disagreed with the garage plans, but is refusing any access to her property, and is not allowing for the fence to be removed/ repositioned temporarily, while the work is done.

    This doesn't bother me too much, but i was going to have the wall built from blocks and then rendered. My only other option is to build in brick on her wall and render the rest.

    What are your thoughts.


    Where d
     
  2. Mr GrimNasty

    Mr GrimNasty Active Member

    No right for access for new building work.
    No right to take fence down if it is hers/joint.
    No right to trespass her airspace whilst building or with any part of the new building including fascia board/gutter etc.

    You're not doing her any favours. She's happy as is.
    She is not a pain in the butt. She is savvy and within her rights.

    Yes build with brick overhand on the boundary wall, or build a couple of feet in.

    Your only 'leverage' is charm and money and common sense.

    Offer a sum for the inconvenience and point out the wall will look awful if you can't point it properly (or as naked concrete block).

    That's it in a nutshell.
     
  3. SW

    SW New Member

    She is a pain in the Butt, not everyone in the square can be wrong. Out of 14 houses, only 1 actually talks to her, well 2 if you include me, but that was only to charm her (as u put it). She can cut her own effing hedge next year, the 2 faced biatch.
     
  4. joinerjohn

    joinerjohn New Member

    Build your garage out of blocks but ask the brickie to point as best as he can on her side (not easy overhand).
    It will look a bit of a mess, but only on her side.
     
  5. empty7

    empty7 New Member

    SW
    Under 'The Party Wall etc Act 1996' you have the right to:

    - build right up to the boundary line

    - put a nib of your foundations on her land

    - enter her land to do 'any works persuant to the Act' i.e. render and paint the blockwork.

    There are conditions to the above - you need to serve formal notice, get yourself a Party Wall Surveyor and s/he will sort you out.
    Good luck

    MT7
     
  6. SW

    SW New Member

    thanks empty

    If i dangle my goolies (i mean spondoolies) in front of her, she might allow me access (pardon the pun).

    I'm not concerned what her side looks like, but i don't want the lack of rendering to cause damp issues.
     
  7. Mr GrimNasty

    Mr GrimNasty Active Member

    Empty7 - you are completely wrong - work in pursuance of the act includes the specific works mentioned in the act and inspection/surveying required to agree the award - you can put in the footings provided they are not reinforced but you cannot force access to build the wall itself. Ludicrous situation but that's how it is.
     
  8. Teuchter

    Teuchter New Member

    SW, find out what your rights are - and that will become your starting point.

    If you need to employ a surveyor and/or take out action to enforce your rights (should you find you actually have rights here - I simply don't know), it'll cost you, ooh, best part of £1k? More even?

    So, armed with this, approach the good lady and explain that you appreciate it'll be a hassle for her but you promise to make everything good afterwards and would be pleased to pay her, ooooh, a couple of hundred spondoolacs for her inconvenience.

    Say you'll be happy to put in writing that you'll make good any mess on her side.

    Also explain that should you not be given access that the build will still go ahead but that your builders will not be able to achieve a good finish on that wall as no access - so it won't be a pretty site for her - and you really don't want that...

    Based on what she says, make your decision. Proper legal route, or just build and damn her. If the latter, make the wall a cavity type - no damp probs.
     
  9. empty7

    empty7 New Member

  10. Mr GrimNasty

    Mr GrimNasty Active Member

    Repeat: You are completely wrong. I've posted that link many times myself. And made use of the PWA many times too.

    Legal opinion is now settled that 'in pursuance of the act' does not include new building work except as I described above. You are giving the OP wrong info. as to the extent of his rights.
     
  11. mightyapu

    mightyapu New Member

    You could speak to an engineer and get them to design a raft or eccentrically loaded foundation so that you can build right up to the boundary line without needing any access to your neighbours property.

    Not ideal, but if she's particularly obstinate, a possible trouble free solution.

    Good luck.
     
  12. empty7

    empty7 New Member

    Mr GN
    You have the better of me , I didn't know that -
    'Legal opinion is now settled '.........

    12 months ago there were three differing legal views on this area, one of which was as you say but the other two differed drastically.

    Would you point me in the direction of the case that decided this ?
    I have a small professional interest.

    thanks mt7
     
  13. Mr GrimNasty

    Mr GrimNasty Active Member

    The award usually includes <u>negotiated</u> agreements on access etc.

    The specific works mentioned in the act are sufficient to allow the work to be completed regardless (albeit with some possible inconvenience to the building owner).

    Whatever the debate over what 'works in pursuance of the act' means - and most now agree it only means works specifically mentioned, you'll note the phrase 'when necessary'.

    It will never be 'necessary' to have access to build the actual wall adjacent the boundary (you cannot actually build on the boundary without express permission - yes the foundations are specified & therefore allowed).

    No one would be stupid enough to try to convince a judge otherwise, and for the reasons stated above, it would never be necessary to try!
     
  14. SW,

    I agree with Mr GN's first post- Charm and common sense.

    Make a great job of her hedge in the spring, maybe her only friend in your square can assist yor cause a little?

    But don't throw any unnecessary mud at the problem, she may just come around. I've been here myself in the past, patience, charm and common sense paid off in the end.

    Good luck!
     
  15. Nickam

    Nickam New Member

    I thought I should also point out that if you go the route of the Party Wall Act (which is sometimes necessary-Read the guide document) and the lady in question disputes your proposal, then she can force you to employ a Party Wall Surveyor for you and for her and you will have to foot the bill for both surveyors. This can be very expensive and drawn out procedure. Best by far to be nice to her and try to win her round.
    Cheers,
    Nick
    http://buildingplans.web.officelive.com
     
  16. AWCO

    AWCO Member

    Do you have planning permission for the garage or is it being built under permitted development rights?
     
  17. Bassrock

    Bassrock New Member

    Mmmm

    When does she go on holiday !
     
  18. mick761

    mick761 New Member

    Apply for change of use (for your house). This costs about £100 for letters to be sent to neighbours who may have objections. inform friendly neighbours this is not a genuine application. The change of use is to house immigrants who are seeking politcal asylum and have AIDS, or a bail hostel for sex offenders. No doubt your neighbour will wish to discuss these developments with you. Then explain you have decided to rent the house to these agencies as it is no good without the extension.....she may reconsider..
     
  19. gordon bennett

    gordon bennett New Member

    Well done mick,that made me laugh.
     
  20. Captain Leaky

    Captain Leaky New Member

    How unpleasant to have to live next to.
     

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