Party Wall Woes

[Questioner55]

Hi All, new here

My neighbours attempted to pull a fast one by presenting a document they claimed they got from their "surveyor". Long story short, the document failed to mention they intended pulling down my tree (on my land) and putting their foundations on my land. They lied repeatedly (saved the emails) saying they were NOT going to encroach on my land, etc.

I have a life threatening medical condition and they tried to exploit my vulnerability. I got together with neighbours on other side of them and we jointly pushed back after they tried to play us off against each other.

This forced them to serve us a legally valid document. They shot themselves in the foot by being dishonest as they had to start the process from scratch. It is clear they want to rush things through as they are under pressure from their builder. Ironically, had they been honest and done things right, they could have started by now.

We have each appointed a surveyor to draw up an Award. Me and neighbours on other side have same one. They have theirs

My concerns are that due to their dishonesty, I can never trust them again. Reviews of their surveyor describe him as a liar and highly unprofessional. The matter is having a very negative effect on my health and we havent even started!

I am due to go away around the time I think work night kick off. I do not want to disclose this for security reasons as I may come back to find they've destroyed my tree and done things they should not have.

The surveyor I appointed may not have been the right choice, but we had limited time to research and are now stuck with him. I was shocked when he told me the surveyor for middle neighbours (doing the work) would do the schedule of condition and that he did not intend being present for it.
When I pointed out I needed to see him to discuss my various concerns (to inform the Award), he half-heartedly said he'd give me 45 minutes. Guidance says his role is to negotiate my desired outcome with their surveyor, so why his lacklustre approach?

There are also things that need to be sorted that fall outside the Act and surveyors can not adjudicate on - eg boundary disputes, position of privacy partition (during works). I need to ensure the partition is positioned in a way that does NOT give them access to my garden. Can I refuse to agree the Award until we agree where the partition will go? How can I ensure it goes up when i am present (and not while away) without disclosing my movements?

I'm aware of legal position on trees: even if my roots are encroaching onto their side, they may not do anything to the tree so as to make it unstable. That would be catastrophic for me for numerous reasons. I would like to avoid having to make a claim against them later as I'm not well enough. Can I ask as part of party wall award for assurances they will not make my tree unstable/damage it? Bearing in mind I have documentary evidence they intended removing it without my consent, can I insist on an arborist report detailing how they will avoid making tree unstable when excavating?

Any advice would be appreciated, it's turning into a nightmare and having a devastating effect on my health

 

[Murdochcat]

You do not have to allow ANY access from your property or your air space.

Their foundations must not be on your side of the boundary

 

[johnny2007]

They cannot have foundations where there are roots.
In fact, unless things have changed, they can't build next to a tree (at least in the boroughs I worked).
Have you checked with the council if they have done any paperwork? (Planning permission and/or building notice)
You can contact the council and express your concerns.

 

[noseall]

Their foundations must not be on your side of the boundary

Not strictly true.

 

[noseall]

They cannot have foundations where there are roots.

You can have foundations where there are roots, yes. That's not to be confused with damaging the major roots of a TPO'd tree.

In fact, unless things have changed, they can't build next to a tree (at least in the boroughs I worked).

Depends on the tree and it's status.

 

[stevie888]

They cannot encroach on your land without your consent. They are allowed to cut any tree branches that overhang their land but they are supposed to give you the branches back.

Sounds as though you need a better PWS to act for you. Check with RICS: they have a list of qualified peeps.

 

[Old Salt]

Do you have a family member who can look after your property whilst you are away or a close friend who can house sit and keep an eye on things.

 

[Questioner55]

Do you have a family member who can look after your property whilst you are away or a close friend who can house sit and keep an eye on things.

Unfortunately not - i had one candidate who pulled out when things became contentious

 

[Questioner55]

Thanks for all responses - they can only put their foundations on my land with my permission, which I have denied.
Legal position re trees is they can remove encroaching roots but not so as to make tree unstable or cause it to die - which they clearly would.
Unfortunately me and neighbours on other side already appointed a RICS surveyor and you cannot discharge them once appointed. It's a pretty corrupt business.

Unfortunately the law in this country is that i DO have to allow them access to my land to do their work. If i don't, the law says they can break my locks and fence!

 

[Murdochcat]

Unfortunately the law in this country is that i DO have to allow them access to my land to do their work. If i don't, the law says they can break my locks and fence!

Think you should check that. I recall it’s only for maintenance you have to give access.

New builds and extensions aren’t included IiRC

 

[johnny2007]

Unfortunately the law in this country is that i DO have to allow them access to my land to do their work. If i don't, the law says they can break my locks and fence!

No way.
They can't break anything.
In fact, you could build a concrete wall on your land so to screw them over.

 

[Deluks]

No way.
They can't break anything.
In fact, you could build a concrete wall on your land so to screw them over.

Good call, buy a small cheap shed and install it up to the boundary.

 

[noseall]

Think you should check that. I recall it’s only for maintenance you have to give access.

New builds and extensions aren’t included IiRC

A PWA award allows access, as agreed in the terms of the award.

 

[Murdochcat]

A PWA award allows access, as agreed in the terms of the award.

But a neighbour can say they won’t allow it

 

[noseall]

But a neighbour can say they won’t allow it

Not once the PWA has been activated, no.