Party wall and possible injunctionn

[^woody^]

It's difficult to discuss any options without an image of the situation

 

[endecotp]

I disagree with Doggit, I don't think you need a solicitor. (Though if you do have household legal expenses cover it might do no harm to use it.) My reason for saying that is that she is already communicating via her solicitor. A letter from your solicitor direct to her might "nip it in the bud", as Doggit says, but a letter from one solicitor to another does not have the same sort of "intimidation" effect. You seem capable of communicating effectively (albeit you could learn how to use paragraphs!) so that is one more reason not to bother.

If there is any sort of professional you might want to consult, I'd suggest a psychologist. I mean that semi-seriously. Understanding why she is doing this - particularly given the background with your car crash and that there are issues with other neighbours - and then understanding how best to manage people with this sort of problem is, I think, just as likely to help as either building advice or legal advice!

But I still think you should move

 

[Doggit]

A letter from your solicitor direct to her might "nip it in the bud"

Um, that's just what I was suggesting. Although I hadn't thought about it going to her solicitor, but as the OP has already put the neighbors solicitor in his place, getting the letter sent to both, might have an even bigger effect.

 

[may333art]

Yes i have seen the deeds which state this but you have a point. My kitchen goes down about a third of the garden and then it continues as a workshop wall and eventually a garden wall. So I will check it out. Thank you again. I think that whoever lived in the houses around 1948 must have had a problem and the 50% was put on her deeds but not the deeds for this house. Crazy.

 

[motorbiking]

avoid writing to her as much as possible. get whatever planning, building control needed to remedy the problem then call her bluff on the injunction.

my guess is her solicitor has stopped wring because she's out of cash. Not because you threatenned to report him for doing his job

 

[Doggit]

As your deed predate hers may, you would have precedence in a court of law, as no one has the right to allocate something they don't own. It might be as simple as sending a copy of your deeds, and telling her (or her solicitor) that they have no case to answer, and then seeing what come back. Just tell her that it is the garden wall that is shared, and she has no ownership over your kitchen wall.

Motorbiking could be right as to why the solicitors have stopped writing, but if she's intending to borrow money to continue this process, then I'd still suggest it's better to stop it before it goes any further. A stitch in time and all that. Legal advice taken now, will let you know exactly where you stand, and how to deal with her.

 

[may333art]

I did n't explain properly, mainly because I wanted to only deal with the party wall issue. When the solicitor first started writing to me I received two letters, one relating to the guttering and one relating to ' Neighbour Dispute-Haressment' .I refused to involve myself in the catalogue of lies which was in the haressment letter and he again wrote saying that 'he was disappointed that I declined to provide a substantive reply which goes very much against the Civil Procedure Rules Practice Direction thus increasing the likelihood the court will hold you liable for our clients costs.'
I wrote back saying that 'In respect of all matters not connected with the guttering and roof overhang I am not prepared to answer any of your correspondence. I suggest that you commence proceedings through the courts in respect of these matters or cease your correspondence forthwith. Should you or your client choose to continue with your correspondence I will refer your conduct to the Solicitors Regulation Authority, together with all the correspondence you have sent me to date" That stopped the Haressment letters but he has continue working for her with regard to the roof.

Sorry, another long paragraph! With regard to deeds her solicitor wrote that her deeds state 'All that messuage or dwellinghouse garden and hereditaments etc and also All That the one undivided moeity or equal half part of share of and in the wall dividing the same from the adjoining house on the south side thereof [my house] My deeds going back to 1869 state ' Nothing about 'half part share of and in the wall dividing the same from adjoining house' I wont quote my deeds but is covers house, gardens,outhouses. edifices, buildings yards courts walls trees ,light, fences sewers, liberties privileges easement etc etc it then mentions the owners of the then neighbours.I telephoned the land registry who said that they had no info on file and gave me a surveyors number, he was out. So I am still unclear about 'party wall' .Quite frankly i am so sick of the woman that I almost hope that she goes to court but one can never be sure that 'right will out'. It has only cost me time so far.
I always write to her via the solicitor, never to her. When all this is over it will be something else. I will not move I am too old to do that. As I wrote to her solicitor I have an average life expectancy of another 8yrs and don't wish to spend it in this way.

 

[^woody^]

As an aside, every time you write to the solicitor, and every time they convey that to their client, a cost is incurred by the client.

I know what I would do.

 

[may333art]

Yes Woody I realise that and she was the one who decided to take that route. She is trying to get money out of me one way or another. What would you do?

 

[Doggit]

Whilst I can't admit to comprehending the legalese of that deed, I suspect any good lawyer would say that she has no right to your house, and I'm not sure that she has any right to the garden wall either, as you're deed predates hers, so it can only be done in agreement with yours.

Why not write to her solicitor, and point out that she (and he) are incorrect in the assumption that your kitchen wall is a party wall, and that the shared wall in question, only starts at the end of your kitchen. He may then back off, as he would be arguing an undefendable case, and that's illegal.

She may not be trying to extort money out of you; if she has disputes with other neighbors, she could have undiagnosed dementia or more likely alzheimers.

 

[may333art]

Thank you for your ideas and help everyone I'll let you know how it pans out over the next two months when we wish to do the work.

 

[motorbiking]

the harassment allegations can simply be responded to by saying all allegations in your correspondence of date x are disputed and you will defend any claim for damages including appropriate counter claims where necessary- simple.

on the boundary dispute get an expert to give you an option and pay for that expertise. then get on with what you need to do.
This is an reasonable summary of the fine line a solicitor must tread when defending his clients interests. I haven't read anything here to think its been crossed.

http://www.sra.org.uk/risk/resources/balancing-duties-litigation.page

 

[^woody^]

What would you do?

I would send regular letters or emails with very short content or single questions. A few a week.

Short questions requiring long and detailed answers.

 

[wessex101]

I am struggling to visualise the situation so have resisted the urge to contribute but as it seems to be degenerating into a very expensive and protracted neighbour war I'll have a go.

Whether or not the wall is a party wall is something no one here can know. We can't see your or your neighbour's deeds and we can't see the property because you haven't provided any photos. So for the sake of argument lets assume it is a party wall.

Under legislation you are perfectly entitiled to raise the party wall provided you follow the procedures. In a case like this where neighbours will never agree amicably I think you will have to resign yourself to paying for your own and your neighbours party wall surveyors, probably about £1000 for yours and £500 for neighbour if they appoint a reasonable surveyor.

As for the neighbours objection under loss of daylight. That is ridiculous and would be laughed at by any competent surveyor. Raising a wall by a few courses adjacent to a kitchen window which is already enclosed by a corrugated plastic roof really should have minimal affect on the amount of daylight entering the kitchen, which not being a habitable room has reduced daylight requirements anyway.

It is a shame you didn't get written consent to place the guttering on neighbour's side of the wall. I wonder if formal witness statements from the builder and his mate would carry any weight? But that is a legal argument way beyond my experience. You say that you are prepared to move the guttering as the neighbour is entitled to change their mind. I do not think that is true, I cannot remember the legal terminology but if an agreement is made and either party acts on that agreement and incurs costs or performs a duty then that agreement becomes binding. So you had an agreement, you incurred the cost of installing the gutter so tough, that agreement is binding and she cannot change her mind. Your problem is trying to prove the agreement ever existed.

 

[motorbiking]

unless she was daft enough to write the permission was irrevocable or in perpetuity she always had the right to withdraw it, particularly since there was no consideration. It was never a contract orally or otherwise - simply a licence, which has been revoked. It's that simple.

Second this is a public forum and while we are curious to see the detail. nobody should post this where the other side may see it. This could easily cost somebody £5-15k