arrogant neighbours update!

[AlexD333]

So, some sort of progress is being made...

I ended up having a word with him out the front one Sunday when heavy drilling began in the afternoon... On a Sunday... I was nice and polite until he suggested he followed the guideline times...

The wife came round to apologise a few hours later, made a load of empty promises and then it all carried on as normal... (noisy ect)

Several contacts with the council have been made and finally just got around to writing a very well written letter which should rock the boat the right way

I've got some ace pictures to show you, first off let me be clear that this conservatory is finished!!!! next that the party wall even with the foundation is cracking and can be rocked....

They have somehow built the conservatory on the piss to overlap our house...? See gutterline.....

And a crack which has been caused to our conservatory because they have attached to ours...

Before anyone suggests anything aggressive this letter to council building control has the i's dotted and the t's crossed, you simply won't be able not to act on it.. I have receipt of delivery and receipt of read too (Internet)

Getcha popcorn it's gonna get interesting...








This work is finished!!!!
No connection to load bearing wall... Has come away from house...and a huge hole...
Damp proofing used where they ran out of lead... And cut into our wall quite a bit.. See garden pic again...

Ready
Aim
....

[AlexD333]

They have ignored 3 letters from.the council... They council have said the work will not be signed off but... What does that mean... Who cares if your not moving?! According to law the council have the right to make the family remedy it, or appoint builders to rectify the work?

Under dangerous structures act?

[jims-terrano]

Well done Alex, you've kept a cool head and tried to reason with them. You have now put it in writing to the council.

Bloody well done pal

[solarman216]

more to the point Alex your property is now unsaleable, with next doors building encroaching on yours, even if they moved by some doggy dealings, no one will buy yours with the breach of boundary, which to rectify will mean the wall adjoining yours will need to be removed and rebuilt within their boundary, "not being signed off" means little to people who do not abide by the rules anyway, Rick

[don simon]

Surely the council has to jump if they're crossing the boundary.
I'd possibly look at getting local press involved if the council don't pull their fingers out.
Good luck with it all.

[solarman216]

it is like everything today, council aint worth a shit, and just tell you it is a civil matter so you have to spend your money and take them to court, and when you win, the bailiffs can do nothing with these sort of people, just drags on for years, there is no justice in this country any more, now I am sure Rustic would have a say in this but he has gone into hiding, we need to persuade him to come back, just because he has a limited time left is no reason to leave, I know he has lots of family things to sort out but he is respected on here and he must have enjoyed his postings so rally round guys and girls, let him know he is wanted, Rick

[macabethiel]

Originally Posted by don simon

Surely the council has to jump if they're crossing the boundary.
I'd possibly look at getting local press involved if the council don't pull their fingers out.
Good luck with it all.

Not 100% certain but pretty sure boundary disputes are Civil Law between land owners Council not involved in that aspect.

Also as a matter of interest you can't steal land as its excluded in the Theft Act with exceptions for people who are Trustees or Liquidators etc.

[don simon]

Originally Posted by macabethiel

Not 100% certain but pretty sure boundary disputes are Civil Law between land owners Council not involved in that aspect.

Also as a matter of interest you can't steal land as its excluded in the Theft Act with exceptions for people who are Trustees or Liquidators etc.

I was think more along the lines of planning permission.

[solarman216]

Originally Posted by solarman216

now I am sure Rustic would have a say in this but he has gone into hiding, we need to persuade him to come back, just because he has a limited time left is no reason to leave, I know he has lots of family things to sort out but he is respected on here and he must have enjoyed his postings so rally round guys and girls, let him know he is wanted, Rick

bump

[don simon]

Originally Posted by solarman216

bump

I'd read that and forgot to add anything...
One doesn't know what the correct thing to say is and feels a bit awkward.
Obviously Rustic's input is invaluable, as is everyone's in this bizarre little family.
Thoughts with Rustic and (real) family.

[rustic]

Thanks Rick, but I have had quite a few PM's but I think for the benefit of the forum, it's best not to go into detail.
At the moment we are keeping busy, painting windows, clearing gutters, hedge clipping this morning, then a quick power wash of the drive.
My sister and husband have booked a riverside property on the broads, and have kindly invited us, so we will spend the Bank Holiday with them, and if the weather is fine, we'll take them out on our boat for a cruise.
Take care, as you know, I keep looking in, I am also a member of many other forums, so I have also cut down the time I spend on them.
Best regards,
Richard.
Uncle Rustic.

[solarman216]

Nice to know you are still looking in, you take care now, and sorry to Alex for hi jacking your thread, but did not want to start a new one on this, so thread back to neighbors, Rick

[macabethiel]

Originally Posted by don simon

I was think more along the lines of planning permission.

By the look of the thing you would not need planning permission but would need need a certificate of permitted development and would need to comply with Building Control.

I would be amazed if they have bothered to obtain the relevant certificate.

[kitchenman]

How about trespass, your side of the dodgy wall looks rendered, that means they were in your property, did you give them permission, trespass may not be a civil matter
Then there is a matter of criminal damage to your wall, the slot for the "flashing", criminal damage is well criminal

[glanrichbex]

Originally Posted by macabethiel

Not 100% certain but pretty sure boundary disputes are Civil Law between land owners Council not involved in that aspect.

Also as a matter of interest you can't steal land as its excluded in the Theft Act with exceptions for people who are Trustees or Liquidators etc.

Boundary disputes unfortunately are delt with as domestic civil issues which sometimes end up in court but in most cases get abandoned due to financial exhaustion as the respective value far dwarfs the mounting legal costs. Quite often, despite most peoples opinions, these cases have an uncertain outcome and if things go the wrong way on court day - you have to foot the legal costs of the other side, yours and his court fees and your own solicitors fees. It is not uncommon for fees of around £35,000 for a boundary dispute.

You cannot steal land but you can posses land that is not registered via land registry. If you can claim you have maintained, utilised, or benefited from a piece of land for 12.5years uncontested, then you can put a claim in for posessory title. At this point no one else can remove your title unless they have DETAILED existing title deeds with measurements to say they own the land. If it cannot be proved they own the land within another 12.5 years then the land becomes 'free hold' to the claimant. Check your land is fully registered or you could have someone trying to pinch a piece from you, sometimes this can be in the form of an easement.

In the case of the neighbours extension intruding on your property where damage has been caused as seems to be the case here, I would say the first course of action is to enquire as to who is the chartered architect responsible for this construction. That architect will have a registration number to claim against and a complaint to the Guild will be followed up.

It may be the case where an architect was not employed, in this case building control is responsible and a complaint to the local council planning department is warranted. This department must send out an inspector at certain stages of the build where you would expect this type of issue to be addressed. If the intention is not to have it 'signed off', then they are creating massive problems for the future as they will not be able to sell the property.

I had a dispute with a neighbour with a similar issue where he built a garage using the boundary wall and his gutter overhangs into my property. The problem is that he did it 10 years before I moved to my property and at the time it ran between his new garage and my old garage. It became an issue when a new neighbour moved in and I knocked my garage down. I wanted to build a new garage and have a central gutter for both garages as I wanted to build up to the boundary - it got nasty and so for a quiet life hasn't progressed. I was younger and Ni-eve and the gutter didn't worry me but what I should have done was sued my solicitor for professional negligence.