Viewing 15 posts - 41 through 55 (of 55 total)
  • Neighbour requires access to property to build extension
  • RegP
    Member

    Sort it or they will lay the wall in overhand technique and your parents will not want to look at that everyday.

    koogia
    Member

    If it is a structure to which the Party Wall Act applies then, as Squirrel noted above, the neighbour should have followed the procedures specified in that Act, specifically giving notice etc. No mention of whether that has occurred though. However, it hasn’t been established that it is actually a structure to which the Act applies. Given that the wall is 30cm away from the boundary, it is not even clear that the structure would be afforded Party Wall status under section 1(5) of the Act. This leaves section 6, adjacent excavations and construction which has been discussed above.

    dumbbot
    Member

    The root cause of the frustration is….he is building an extension, it’s that simple. They have been in the property for over 30years and have worked hard to build their little castle, whatever way they look at it they are going to lose sunlight from part of the garden and the dinning room, and the invasive on going noise problem of building work is wearing them down I guess.

    Perhaps they are at that age where change isn’t easy to accept, I do understand some of their frustration but being a plonker will seldom get you anywhere.

    Premier Icon Squirrel
    Subscriber

    @nixie you can build right up to the boundary line, but have to be careful nothing overhangs, eg fascias or gutters or a parapet coping. If there is just a fence, ie no wall, you have to serve a Line of Junction notice under the Party Wall etc Act. You can project your foundations under the adjoining owner’s land, but I would suggest that it is best not to.

    jambourgie
    Member

    I think your dad’s right about not building unless you have room to finish it/maintain it. It seems quite selfish to want to put your neighbours through all that hassle, rather than just make your extension eighteen inches smaller.

    And it’s hardly his fault that his idiot son let the builders in to start the damn thing … 😉

    Rockhopper
    Member

    Falling out with your neighbours can come back and bite you when you come to sell as you have to declare it to any new buyers.

    dumbbot
    Member

    I will ask the chap to produce a list of tasks that require access and a definitive time that they will need to complete, perhaps proving that he is trying to minimize disruption.

    Hi again, so moving forward I think my opinion of things has changed. I did ask the next door neighbour for a list of tasks and time scales of work to be done and something vague was produced, verbal agreements about me taking the fence down to do work on the fascia/soffits and let the plasterers in. I did take the fence down myself, and the plasterers have been in to render the first coat without issue, however the work hasn’t done that he was supposed to do himself on the soffits as per the agreement.

    I dont know if I mentioned this before but this extension project is being carried as a hobby project, by the neighbour and some friends at their leisure, to date its been over 8months and have not even had the courtesy of  possible completion date. Now he is perfectly entitled to do this, however I’m starting to feel there is no give and take and little acknowledgment of the on going nuisance this is causing. There has been no offer of any reparations aside from a cheap bottle of whisky…it;s not about the money, its about respect. The fence for example was build by my dad and although it has seen better days, he could have offered to replace it as a gesture(my dad wouldn’t have accepted it anyway.)

    I was fine with the plasterers doing stuff as I spoke with them beforehand, they were professional working quickly and tidily, but not sure I trust him to work to an agreed timeline or without causing damage.

    So would I be entitled to demand that the work carried out via my folks property is done via recognized tradesmen with relevant insurance, to a pre-agreed schedule…not a bunch of cowboys?

    Premier Icon angeldust
    Subscriber

    So would I be entitled to demand that the work carried out via my folks property is done via recognized tradesmen with relevant insurance, to a pre-agreed schedule…not a bunch of cowboys?

    The issue here might simply be how do you define ‘recognised trademen’.  Doesn’t mean much for certain trades in this country.

    dumbbot
    Member

    Public Liability insurance? I dunno, whats to stop him sticking a set of ladders through the window and going ‘oops’. I guess i’d just like to feel more in control of the situation and less powerless.

    Premier Icon martinhutch
    Subscriber

    Having granted him reasonable access, you’re perfectly entitled to set him a deadline to get the fascias/soffits done and the fence back up. Your parents deserve to enjoy whatever spring sunshine eventually turns up in peace without the neighbour turning up to do work from their side.

    I would gently remind him that he’s lucky to be getting access at all without a fight, and he should get on with it before your patience runs out.

    hugo
    Member

    Seems pretty straightforward to me.

    Extension building neighbour 1 is doing something that will profit himself and inconvenience neighbour number 2.

    Neighbour 1 should be offering neighbour 2 an amount of cash for this inconvenience.  If neighbour 2 doesn’t think this is a good deal, then no deal.

    If neighbour 2 is doing it out of spite, well then they’re just missing out on cash, but that’s their choice.  Neighbour 1 can’t just demand access to someone else’s property and throw toys when it doesn’t happen.

    There’s a transaction to be done here.  If they can’t come to an agreement,then like any area of life, it’s not going to happen.

    Personally, if I were neighbour 2 then I’d want cash to pay for me to go on a decent holiday for the length of the works, and a decent contract in place regarding over run costs and covering damage.

    What a sad post that is . Does everything in life have to have a cash value ?

    dumbbot
    Member

    Having granted him reasonable access, you’re perfectly entitled to set him a deadline to get the fascias/soffits done and the fence back up. Your parents deserve to enjoy whatever spring sunshine eventually turns up in peace without the neighbour turning up to do work from their side.

    I would gently remind him that he’s lucky to be getting access at all without a fight, and he should get on with it before your patience runs out.

    This is pretty much where i’m at, I feel he’s played me abit and taken advantage of my good nature…I feel he hasn’t given my folks any sort of courtesy or respect. I want to take a firmer line but I’m not sure how, as i genuinely don’t think I trust him or want him on my parents property pissing around.

    Premier Icon 2unfit2ride
    Subscriber

    I think the main problem is the generation gap, your parents would probably never of thought of doing a similar extension partially out of respect to their neighbours, people now don’t care & will do whatever it takes to get there own way.

    I would now be a proper PITA if someone wanted to do similar to me, builders/neighbours will say whatever it takes  to get there own way, but isn’t it funny that any work that effects you is always scheduled last?

    Make sure your agenda is the priority & if they “run out of money” then it really is their problem.

    Cheers.

    Premier Icon tomaso
    Subscriber

    Appont your own party wall surveyor to survey parents property and make an independent record of it. Then ask them to negotiate access to reasonable conditions to protect their property. Ensure that any transgression results in a heavy response.

Viewing 15 posts - 41 through 55 (of 55 total)

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