Advice on wall please

[Dicky mint]

Hi my brother purchased a house it has a 200 year old stone wall around it. Within a few days the neighbour at the rear asked my brother to repair it as there were some loose coping stones and some face damaged bricks on the neighbours side. He also said it was not safe and could fall down (which is not the case) . My brother offered to repoint the neighbours side .but he wanted a new wall.and did not want a mini tower on his slabs. The neighbour then sent someone around to survey the wall armed with a spirit level.. it seemed that the neighbour just wanted a new wall and was trying hid luck in these tactics. The neighbour has now instructed a mediator company and now says he has a party wall agreement and want to reduce the size of the wall and do repairs then charge my brother 50% ?
The neighbour only purchased the house 4 years ago and obviously has had no luck with the previous owner and if he had a part wall agreement why has he tried to get my brother to replace the wall. Any advice would be greatfull.

 

[Dicky mint]

Also the neighbour has built a building and fixed it to my brother's wall

 

[JohnD]

Don't you like the replies you got last time you asked?

Asking for a relative
My brother purchased a house
Rear boundary wall is very old and the rear neighbour is saying.its unsafe.

We sent a builder around and the builder said it needs a few replacement bricks and repointing some brick faces have shalled and it's.lime mortar
As a few bits of the mortar has dropped out.
Neighbour would like a pristine replacement wall
And won't allow us to repair as a good will gesture

He sent a so called structural engineer around who did not show any Id or company details and the neighbour accompanied him on the visit who did not take photos and came armed with a spirit level

Can I get the local council to inspect the wall ?
And if they say it's structurally dangerous
(Which I doubt)
can I take the wall down and replace it with a 3 ft picket fence as the boundary.
The wall in question predates the 1830s
And is around 11ft and made of stone 26 inches thick with a second brick skin on the complainants side. He has also fixed a building to the wall with a.
Lean to roof and channelled lead flashing into it.
Can this be claased as criminal damage as my brother has no paperwork for permission for this building to be attached.

Obviously if it was unsafe he would do something about it but he really thinks the neighbour just wants a nice new wall to match his nice garden.

Thanks in advance

 

[Dicky mint]

Yes John very greatfull for the previous answers thank you. But the neighbour has now said that he has a party wall agreement. And has escalated to mediator. .what would you advise.

 

[oldbutnotdead]

Neighbour sounds full of sh*t to me. Party wall agreement is a specific setup invoked when work is done on linked houses. If the p wa has been invoked your brother will have received notification- if he ignored it then afaik that triggers a dissent which means your neighbours mediator has no such role.

When did this attached build happen- if before his purchase he's a little stuck, if after why did he permit it?

 

[Dicky mint]

I have some.more information below
The structure was deemed safe , he just now wants to reduce the wall in height by 600mm with a builder of his choice and we pay half , which will affect our future planning permission . Also this will expose our current building as it reaches the top , his building is just a small 10x8 asbestos sheet shed which conveniently he wants the wall lowered to his roofline
His is an ex council 60,s house , ours was built prior to 1835 as was the wall
All I really need to know is ….how do I prove the wall is not his

 

[mattylad]

It should be on the deeds.
Can you find any photo's or maps of the land before the council houses were built?
Tell him that he cannot touch the wall unless he can prove it is his.

 

[Dereekoo]

Yes, let him do the proving

 

[Dicky mint]

The neighbour built the building on to the wall before my brother purchased the house. I will get the mediation letter and post on on here when I get a copy. But apparently they said it's up to my brother to prove the wall hasn't got a pwa ?

 

[Harry Bloomfield]

The neighbour built the building on to the wall before my brother purchased the house. I will get the mediation letter and post on on here when I get a copy. But apparently they said it's up to my brother to prove the wall hasn't got a pwa ?

t'other way round, they need to prove they have a PWA.

If the wall was built 1835, it was built by the owner of the original property, therefore owned by that property owner unless ownership was passed on - such a scenario is very unlikely.

I would suggest a formal letter sent to the people indicating they indicating their intention to interfere with that wall, warning them of the likely legal consequences if they do so. I would also be inclined to make it clear that they should remove what ever they have attached to it.

 

[Dicky mint]

 

[Harry Bloomfield]

If the wall is safe, there is no issue to be solved - he just wants the wall . modified to suit him. Just send him a warning letter, that if he touches it, it will cost him dearly in the courts.

 

[Dicky mint]

Previously before he come up with the pwa he said this. That the wall is the responsibility of my brother

after looking at his own deeds

 

[Harry Bloomfield]

Previously before he come up with the pwa he said this. That the wall is the responsibility of my brotherView attachment 255478

So he has said it is your brother's wall, then he later is contradicting himself - not a good start.

 

[^woody^]

Establish ownership as well as responsibility, and this is for the wall and the boundary. The four things are distinct.

Your brother should, if need be counterclaim for the trespass of the extension.

Your brother should involve his home insurers to act for him.