To go legal or not?

[Foxyflugel]

Issue 1 - My neighbour built a porch and awning? on the front of his property - we live in a terraced house.

When he built said construction I pointed out to him that the porch wall was right up to his boundary and his extra wide window cill was hanging over onto our property - I don't think he thought I would notice tbh. He moved the window cill back flush with the edge of the wall - so he clearly knew that this was his boundary. He then proceeded to build up the rest of the porch and on the roof? awning? (it runs all the way along the front of the house) it clearly comes over further than the wall below.

I pointed this out to him and he has done nothing about it - it is still overhanging. I have been advised that if I move it over and he gets a leak in his porch then I will be liable!!When I say for me to move it over I mean just remove the overhanging structures!!

Issue 2 - he rebuilt his front wall. It is a shared access and the gate is ours. When he rebuilt the wall he failed to build the hinges in (they were in his wall previously and the gate worked fine) - he just left 2 little squares in the brickwork and the attempted to concrete them in afterwards.

Needless to say, the hinges are not doing their job - but previously I had pointed this out to him and he promised he would put 'riser' hinges onto it as the corner of the gate now catches on the front path.

He has done neither of the above actions and I am wondering what my best course of action is?

Do I send him a letter before action myself giving him 14 days to rectify these things? - telling him that if he fails to do them I will appoint someone to do them and then take him to court to get my money back! Or do I go straight through my insurance legal cover? Although I am a little loathe to ring and ask them about it as they still include it as a potential claim even if you do not claim anything!! (past experience). Talking to this man is now untenable as he is a selfish nightmare as a neighbour and I just feel I have to make a stand or he will be doing allsorts and thinking he can get away with it.

Thanks

Foxy

[labman]

Re: To go legal or not?

Did he not need to get planning permission for the above works?

[Foxyflugel]

Re: To go legal or not?

Yes Labman. But literally, he built the awning structure (no tiles etc - just a frame) - then he built this wall structure. We both went out for a couple of hours and by the time we returned he'd put the sides on to make it into a porch!!!

I reported him to the council and he had to pay and they gave him retrospective permission. I have been into their bones about it being over the boundary and they say that is nothing to do with them!! - and yet they've given him permission!!!

He didn't need permission for the wall as there was already one there and it isn't taller than 3'3 adjacent to a public highway.

Foxy :tinysmile_hmm_t2:

[bluebottle]

Re: To go legal or not?

Contact the Department for Communities and Local Government about this. Their website is at Department for Communities and Local Government . They are responsible for planning issues. Also, speak to the Local Government Ombudsman to check whether they can take up this matter as there may be issues of injustice or maladministration resulting in detriment to yourself.

[Celestine]

Re: To go legal or not?

He should have served a Party Wall Notice on you. If he hasn't he's in trouble.

[Foxyflugel]

Re: To go legal or not?

Celestine - the wall he replaced is on the front of his house - it just had our gate hinges attached to it - and the wall for the porch I don't believe is a party wall as it is all on his property? Which one were you referring to??

This man is a complete moron

When he converted the roof space into a bedroom he damaged our walls - plaster brickwork etc. I asked a surveyor friend of mine to have a look and he said that the damage is exactly where he would have cut into the wall to put the floor supports in!! - which he should of given me notice of under the party wall act!! He hasn't/didn't so he said it was reverse burden for him to prove he HASN'T damaged our property.

However, when the surveyor got privvy info from the planning dept - he stated on his plan of works that he wasn't cutting into the party wall - so we are now left that we can't prove it - and the council say that they would not pick up on whether the work was done to plan - just when it is inspected that it is safe by building regs!!

This moron has also dug out for a fence (he has pinched a good 4 foot of the farmers field as well) and on the end he has piled up all the earth and debris behind our garage wall - which has subsequently held the damp and we now have damp on our back garage wall.

This is why I need to make a stand an sort this moron out once and for all or he will just think he can do as he pleases - as long as his property isn't damaged :tinysmile_aha_t::tinysmile_aha_t:

When he submitted the plans for the extension (he's on end terrace) he never labelled that he was putting an en suite in the loft space. He n ow has 4 bathrooms and our water pressure has never been that good but it's diabolical now. I contacted the council - and again - they didn't want to know. I even contacted Yorkshire Water and it went to their complaints etc and I got nowhere fast. We had a combi boiler fitted shortly before this and now have to wait for the shower to be more than a drip - and we can't have a pump with a combi boiler. It's a nightmare - my neighbour said that he was having his own water supply put in - but then he didn't and he is nearest to the main supply - so he gets first dabs on the water and if he's got the washer on and a couple of them are in their bathrooms we get next to no water.

Foxy

[labman]

Re: To go legal or not?

A couple of links you might find useful:

Solving a dispute with a neighbour: an introduction : Directgov - Home and community

Boundary disputes | Consumer Property Guides | Royal Institution of Chartered Surveyors

[Foxyflugel]

Re: To go legal or not?

Hi everyone

Back again I'm afraid :tinysmile_aha_t::tinysmile_aha_t:

Well, moron has now removed the overhang on the porch and taped it up - it's only taken 2 years!! However, the police involvement probably had something to do with it - think he is hoping to get me into trouble.

Mr moron has now removed the front gate!! and placed it in front of our wall. Bearing in mind that it is our gate - he has built our hinges back into his wall and yet he's taken the gate off.

Now, I have been given conflicting info on this - 1. It has been there approx 35 years so is a prescriptive right? 2. I can report him for criminal damage? (I don't think I can tbh). 3. He has the right to end the mutual agreement about the gate at any time? - this is all from legal people.

I have been trying to get to see a solicitor (a lot of them now won't do the free 1/2 hour if it is for property matters). I can't be bothered to haggle over the gate being put back on - as he would just keep leaving it open and wedging it onto the path (as he has been doing!!) So, I have removed the gate, hopefully this has made him think he's won.

I need my plan b confirming by a solicitor as I am wanting to build a wall down the boundary line and put the gate on a diagonal, but with it being a shared gateway I believe he has an easement over the gateway, so if I do it this way he still has access but has no right to touch our gate or trespass onto our land. I am also installing a cctv as I believe when the wall is built he will try and knock it down - I hope he does as then I can get him for criminal damage - he won't go to seek legal advice - he will just do exactly what he wants. I also believe that he will keep opening our gate for no reason - so this will also be captured to go towards my harrassment case against him that I have instigated with the police.

What are anyone's thoughts on this?

:tinysmile_hmm_t2: