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yobbie

Member Since: 15 Nov 2010
Location: Isle of Wight
Posts: 713

1999 Defender 90 Td5 Heritage LE Bronze Green

Anyone know about boundary rules?

Bit of a long shot but as the title, doe's anybody know about boundary/party wall rules? Basically I live in a semi, last year my adjoining neighbour decided to remove the pointing and started to remove pointing from my side of the house we had words and fell out. This Friday morning a builder has come round and has removed a brick from the house that is in the middle of the property and has a lead flashing attached saying that the neighbours have a leak there, but the removed brick is niether there's or ours as the centre is the boundary. I now have concerns of now it's been moved by our lead flashing we may now suffer a leak. I thought they had to give notice to work on the boudary? If it wasn't for my girlfriend being home (only because she was ill) all this would have been done without us knowing.

22nd Jul 2012 8:51pm

leeds

Member Since: 28 Dec 2009
Location: West Yorkshire
Posts: 8582

Any boundary walls can be the responsibility of one party, the other party or a joint responsibility.

When you buy/sell a property a questionaire is normally filled in which answers such questions, even if the answer is I do not have a clue.

Ii is always good to get on with neighbours to try and avoid such hassles. (Not always possible!)

If you can not discuss this with your neighbour, your solicitor should have records going back at least 7 years and maybe able to answer your question. If you bought your property more then 7 years ago then your solitctor may not have records.

One principle is that you are not really allowed to do something which may cause damage to anothers property

Brendan

22nd Jul 2012 9:05pm

LandRoverAnorak

Member Since: 17 Jul 2011
Location: Surrey
Posts: 11324

If the boundary line runs through a brick (or any other continuous feature or component) then you effectively have joint ownership of it. Permission must be sought from the other party before any work can be done on it, particularly if that work might be detrimental to the others' property.

There's a handy guide to The Party Wall etc. Act 1996, which covers this sort of thing, on a government website HERE that explains how things should work. From page 9 onwards covers your situation. Unfortunately, the only way to legally stop your neighbour may be through the courts. If you're really concerned and the situation is such that the time for reasonable discussion has passed, then you're going to need a party wall surveyor and a lawyer. Sorry

Darren

110 USW BUILD THREAD - EXPEDITION TRAILER - 200tdi 90 BUILD THREAD - SANKEY TRAILER - IG@landroveranorak

"You came in that thing? You're braver than I thought!" - Princess Leia

22nd Jul 2012 9:16pm

yobbie

Member Since: 15 Nov 2010
Location: Isle of Wight
Posts: 713

Thanks Brendan, the point here is that they have effectively removed half a brick (ok not much but could cause a leak on our side now) out of our house! I spoke to a bricky and he said if for any reason he needs to work over the boundary by any amount, he needs to give 28 days notice in writing explaining what he's doing and guarantee the work. Will try to talk to a solicitor tomorrow.

22nd Jul 2012 9:17pm

yobbie

Member Since: 15 Nov 2010
Location: Isle of Wight
Posts: 713

LandRoverAnorak wrote:
If the boundary line runs through a brick (or any other continuous feature or component) then you effectively have joint ownership of it. Permission must be sought from the other party before any work can be done on it, particularly if that work might be detrimental to the others' property.

There's a handy guide to The Party Wall etc. Act 1996, which covers this sort of thing, on a government website HERE that explains how things should work. From page 9 onwards covers your situation. Unfortunately, the only way to legally stop your neighbour may be through the courts. If you're really concerned and the situation is such that the time for reasonable discussion has passed, then you're going to need a party wall surveyor and a lawyer. Sorry

Thanks LandRoverAnorak. I thought this might be the case. Didn't really want it to get this far but I can't see any other options. As I said before last year he knocked out my pointing and I had to ask him to stop, now he's damaging my house again. When he removed the pointing last year he did so while my Defender was parked almost underneath it so when I came home from work it was covered in dust and morter, when he repointed he dropped some on the bonnet of my Defender 'burning' the paint. (he denied it but no one else was pointing in the area).

22nd Jul 2012 9:28pm

LR90XS2011

Member Since: 05 Apr 2011
Location: bickenhill
Posts: 3643

2011 Defender 90 Puma 2.4 XS CSW Galway Green

Yobbie
not much fun having neighbours like! that very frustrating DEFENDER 90 TDCI XS,

I hope everyone is well and your land rovers make you happy

23rd Jul 2012 4:30am

ken

Member Since: 18 Aug 2009
Location: Banging Birds with my bitches !!
Posts: 4328

How about from the other side

They have a leak it needs to be fixed (wouldnt you) given the amount of rain recently waiting 28 days is a real PITA and more damage could be caused by waiting

Talk to the neighbour explain the situation you might be surpised

23rd Jul 2012 5:41am

LandRoverAnorak

Member Since: 17 Jul 2011
Location: Surrey
Posts: 11324

True, but if they've now left Yobbies' house damaged and possibly susceptible to a leak too, then that's not on. If they'd talked to their neighbour first, then we might not be discussing it here. Darren

110 USW BUILD THREAD - EXPEDITION TRAILER - 200tdi 90 BUILD THREAD - SANKEY TRAILER - IG@landroveranorak

"You came in that thing? You're braver than I thought!" - Princess Leia

23rd Jul 2012 5:56am

yobbie

Member Since: 15 Nov 2010
Location: Isle of Wight
Posts: 713

LandRoverAnorak wrote:
True, but if they've now left Yobbies' house damaged and possibly susceptible to a leak too, then that's not on. If they'd talked to their neighbour first, then we might not be discussing it here.

That is my point as I said to the builder I would not have expected the full party act but just to have had a knock on the door to say what is happening. Not to try to do it without us knowing anything about it!

23rd Jul 2012 8:42am

Zagato
Site Supporter

Member Since: 08 Jan 2011
Location: Billingshurst West Sussex
Posts: 5013

I deal with boundary issues all the time, it's a bit late now but the MOST important thing is to NOT fall out with your neighbours. A simple argument/issue can blow up leading to months/years of real stress, cost and grief

If you go down the solicitor route it usually just exasperates the situation and you also have the dispute on record which will reveal itself to any potential buyer of your property putting them off.

Bottom line is he will be liable for any work/damage to your property - your insurers will deal directly with his insurers so that also doesn't need to get nasty - be cool bro

23rd Jul 2012 11:19am

K9F

Member Since: 12 Nov 2009
Location: Bournemouth
Posts: 9610

2008 Defender 90 Puma 2.4 XS CSW Stornoway Grey

Excellent advice Zag....

Shame you weren't to hand with the same when I got divorced...

Hindsight eh?.....

If you go through life with your head in the sand....all people will see is an ar5e!!

Treat every day as if it is your last....one day you will be right!!

23rd Jul 2012 11:26am

ZeDefender

Member Since: 15 Sep 2011
Location: Munich
Posts: 4731

2011 Defender 110 Puma 2.4 SW Baltic Blue

Zag you spoilsport! There was I thinking of the next new "reality" show -
"Neighbours"... but in the UK.

I agree with everything you say - living in Germany you quickly learn the importance of "reasonable force" whilst keeping calm and polite in neighbour issues

Tell someone you love them today because life is short.
But shout it at them in German because life is also terrifying and confusing...

23rd Jul 2012 1:18pm

yobbie

Member Since: 15 Nov 2010
Location: Isle of Wight
Posts: 713

Zagato wrote:
I deal with boundary issues all the time, it's a bit late now but the MOST important thing is to NOT fall out with your neighbours. A simple argument/issue can blow up leading to months/years of real stress, cost and grief If you go down the solicitor route it usually just exasperates the situation and you also have the dispute on record which will reveal itself to any potential buyer of your property putting them off.

Bottom line is he will be liable for any work/damage to your property - your insurers will deal directly with his insurers so that also doesn't need to get nasty - be cool bro

Good advice Zag. Don't really want to go the solicitor route but as this is the 2nd time in a year they have gone over the boundary how do I get them to stop?

23rd Jul 2012 1:28pm

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