Neighbour will start destroying our garden party and move the boundary!

Hi,

My neighbour will start destroying our garden party wall about 2m long which is set at the back of our semi-detached garages. He is disputing the fact that it's a party wall and of course he has served me no party wall notice. I have suggested that we jointly get a surveyor to get the boundaries right, decide whether it's a party wall or not but he is ignoring the surveyor option. I guess he knows better than the surveyor and he said he will demolish that brick wall anyway.

BTW this is over 10cm space, he things the wall that stood for over 50 years on the boundary is wrong by 10cm and has to go and re-claim the land!

What options do I have here, without obviously paying through the nose! Thank you.
Top

Thanks but not a useful, can i call the police or some other body? Should I contact a solicitor or a RICS surveyor? Thanks.

You have already posted this further down with explanatory drawings and had some answers.
If you wish to bring the topic back up to the top of the list simply post something in your original thread to bring it back up.
There is no sense in reposting the same question looking for the same information.

I've just had a quick brief look at Tigercubs link and I think if you have a proper look at it you may find it could be very useful to you with the potential to actually help you solve your problem and save you the cost of any experts. I glimpsed page 10 of the booklet and it seems to have information that you are looking for.

Conny i understand but this is now new development where my neighbour does not acknowledge a surveyor and he will demolish the party wall anyway. I didn't actually see anything too useful except for an injunction which is a serious procedure, I had already seen the party wall act. But thanks for your input anyway.

I think you should seek legal advice, maybe one of these solicitors who does a free half hour consultation, but make sure he/she deals in land law.

The reason I say this is because, looking at your drawings in your other post, it may appear that the wall is actually his property because its outer face, i.e. the face on your side, is actually on or possibly within the boundary line to his property. If the boundary line were to be taken as a central line through the internal garage wall then it is clearly on his property and 5cm before his boundary line. If the boundary line was officially declared to be the inner face of the garage wall in his side of the garage then that would put the outer face of the disputed wall right on the boundary line.
It is my opinion that the most he could hope to gain would be 5cm from it's present position to an imaginary line running through the centre of the garage wall.

Any developments on this one @panlondon. ?