Rear Shed Wall

[asimsheikh]

Hi, I need advise how to deal with neighbour who is building 1200 cm deep planting bed, behind my shed wall on his side in the garden, He is planning to fill the soil and plant trees.soil will be touching my shed rear wall that is single block. He has not built separate wall to confide his plating bed to avoid damp to my wall. I have spoken to him, but he is very rude and ask me to speak to him and contact him via my solicitor.

[des8]

The obvious way to prevent damage is for you to paint the exterior of your wall with thick sticky bitumen to a height of 20cm.
I suppose the wall abuts exactly the boundary.

Any direct or indirect interference with the possession of your property amounts to a legal trespass, so the piling of earth could be taken as a trespass, which will certainly be a trespass if it causes damp problems.
Trees that close to the wall could well interfere with its foundations, and that will also be a trespass if the wall is damaged
and he'd better not bang nails into, or afix anything to that wall.

You don't need to have a solicitor write to him.
Why pay £100+ when you can write a perfectly reasoned letter to him yourself, sent signed for.

[asimsheikh]

Thanks for your swift reply. I have no access to exterior wall to put bitumen, as I can not get into my neighbour garden. He has rendered and painted white for aesthetic purposes, but not the bottom part that is exposed and will soak water. I have asked him to build the wall, however he said, he was going to put black waterproof sheet, ,now he will not do it as I have been 'cheeky'. I will write the letter, however will it be 'letter before action' to follow it up after court action. Which court the case will go to, its not a small claim case? not claiming damages, only stopping him into causing it. Also is there way I can get council involve? Which court will this case be filed, as I doubt he will pay any attention to my letter?

[asimsheikh]

Yes, wall is the boundary, separating the garden of the two parties. My neighbour property is on next door to mine and our rear gardens has the shed as common wall, as labelled in the picture.

[des8]

So he rendered and painted your wall... with permission?

Your letter needs to be warning not to proceed, and include a requirement he gives such an undertaking.
Warn him that if he does not comply you will be seeking a court injunction with an adverse costs order.
it will be county court.

council won't be interested

[asimsheikh]

He has not taken any permission to render or paint. I will write the letter tomorrow, is it okay, if I send it you for a quick review? In the mean time, if he has gone ahead and filled the soil, shall I ask for removal of structure, trespassing my wall, with the threat of court action.At what stage I would need a solicitor, when applying to go to county court?

[des8]

Certainly post up here before sending that letter if you want.
Request the removal of the soil if already piled up against your wall.

I would not use a solicitor at all, but that is just me.

[asimsheikh]

Re: Issue concerning the real wall of my shed at 37 Cobham Road
I live at 37 Cobham Road, right behind your property, 40 Holmwood Road. I contacted you on 19/09/2020 to share my concern about your recent construction of raised flower bed while using my shed rear wall as one of the sides. I have clearly stated that it is not acceptable for you to use my shed wall, as wet soil will cause damp to my shed. I have also asked you to build your own wall to make the rectangle shaped bed to be self- contained and cause no damage to my property.
Any direct or indirect interference with the possession of my property amounts to a legal trespass, so building a structure by using my shed wall and the piling of earth could be taken as a trespass, that may cause damp problems. By blocking the shared access way, you are in breach of these covenants. I would therefore be entitled to seek an injunction to prevent blockage of the access way, and financial compensation for the period during which I have been unable to use it.
I am writing to ask you not to proceed with the filing of the structure (bed) in your garden with the soil and undertake that you will not do anything that will result in damage to my shed wall or the foundation of the shed. I would also like to inform you the if you do not comply, I will be seeking a court injunction with an adverse costs order.
I would like you or representative to reply in writing to confirm that you will not go ahead with construction that may cause damage to my property directly or indirectly. If I don’t hear from you by 7^th October 2020, I will have no other option to apply to court for injunction with an adverse costs order.
Thank you in advance for your cooperation.

[asimsheikh]

Please review attached for your feedback.

[asimsheikh]

Do I need to say anything about him rendering and painting without my permission?

[des8]

" By blocking the shared access way, you are in breach of these covenants." ???????????

[asimsheikh]

Sorry, template item left in there, I will remove it. Thanks for flagging it up. Is there anything to add or remove?

[asimsheikh]

Also does this cover all legal bases for the coue,.as I don't see him responding to the letter? I need to plan for court injunction. Thanks again for your support.

[des8]

Suggested amended letter:

Re: Issue concerning the rear wall of my shed at 37 Cobham Road
I live at 37 Cobham Road, right behind your property, 40 Holmwood Road.
I contacted you on 19/09/2020 to share my concern about your recent construction of raised flower bed while using my shed rear wall as one of the sides. I have clearly stated that it is not acceptable for you to use my shed wall, as wet soil may cause damage to my shed. I suggested you build your own wall to make the rectangle shaped bed to be self- contained and cause no possible damage to my property.
Such interference with my property amounts to trespass, so please confirm in writing by dd mm yy that you will not proceed with anything that will result in damage to the wall or the foundations of the shed.
If such an assurance is not received I will apply to court for injunction accompanied by an adverse costs order.


You might consider allowing him to use your wall if he first waterproofs it (or allows you to do it). Easier than getting an injunction!)

I wouldn't bother to pursue the matter of render & paint unless it caused damage to the structure

[asimsheikh]

Thanks, I will send the letter out today. I will keep you posted.
I don't mind coming to some sensible solution, but gentleman does not want to communicate and very rude. I don't know how to engage with him, when he only wants me my solicitor to contact him.