Disputes

[PCAnimal]

Hi,

I am wondering if anyone has some advice or guidance for some issues which are causing some serious stress for us!

We have got permission for a loft extension and since that date the our previously good neighbours have just become so difficult with us. We went to the expense of a party wall award which has been agreed. On day one of scaffolding going up they took photos and sent them the party wall surveyor. We had not even started any work and this is not planned until next week. The surveyor replied charging a 150+vat for an hours work stating the scaffolding didn't conform to tg20, one pole was in the wrong place and the ladder had not been secured overnight (based on their photos). The company came the following day to put a tin hat on. However he has been out again snapping photos and measuring the distance between windows. His argument is the boundary line is marked by a soffit board and is exactly in the middle between the windows. We previously said this is the PARTY WALL line and not the boundary line. We have also said the garden is not square and wider at the top indicating the boundary line actually goes at an angle. He won't have any of it and we now await the next stressful email. Its worth pointing out the scaffolding does not obscure any of their windows.

What do we do? Am I right in thinking he would have to take us to court for air space tresspass (despite all of his overgrowing trees and items he fixed into our boundary wall). I think I've done all I reasonably can do but that is not enough for them. In our mind we are now entering a boundary dispute not a partywall dispute?

One thing in the Award said we can have access to weathering and we must protect the party wall when its exposed. I don't see how we can do that if we can't put up the scaffolding to it.

 

[^woody^]

First thing, refuse to pay the surveyor's bill as the standard of the scaffold is nothing to do with him and outside of his remit.

He has not got some opened cheque book to charge you for whatever he feels like. Tell him that.

For the other stuff, well the Award gives you specific legal rights, and you do whatever the Award says you can do. If you are being prevented from working to the Award, then you can get an injunction ( if you are right, the neighbour is liable for costs). If you are not sure as to what you can and can't do, then you may have to get advice or pay the PW surveyor for advice.

Yes a boundary dispute is separate.

 

[PCAnimal]

Thank you Woody. We did in fact get a letter stating they would start country court proceedings if we don't remove the alleged trespass of scaffold The award says we can cut into the party wall, expose the party wall (subject to protection hence we put a tin hat on), provide adequate weathering and abutments. carry out the work as far as practical from owners land. access is limited to weathering and abutments ONLY. It says protection must be in place for scaffolding namely kickboards to protect from falling objects. Again if we don't put the scaffolding there with a slight overhang at the eave height we cannot give this protection.

I am think I will end up going to the solicitors to fork out huge sums for little gain.

 

[HERTS P&D]

Looks like your neighbour is jealous of you bettering yourself and having a loft conversion.

Andy

 

[^woody^]

Look to your home insurance to see if there is some sort of legal cover or advice available.

It's a very difficult situation to advise on. The natural thing would be to consult the PW surveyor, but if he is more concerned with fees than help, then that might not be the best thing.

 

[chappers]

I agree with Woody about his bill, also TG20 is a best practice guide and not strictly law.
This is a difficult one as Woody suggests and should really have been more specific in the PW award.
I would go round and try and knock, umm sorry talk some sense into him. Tell him the scaffold isn't coming down as you are going to proceed with the works and that any dispute will not only be costly to both of you, over something which is a temporary structure, but will also extend the time that it will be up. Just be polite and say that all you want to do is get it up, get the work done and get it down and that his meddling will only delay that process.
Basically you already have an award and if it went to court I'm sure you would just get an extension to that award which would allow you to do as you plan in order to carry out the works stated in the award.

 

[aaamusements]

What on earth does he expect to achieve by taking you to court? No damage has been caused and no loss incurred.

 

[PCAnimal]

I sought some legal advice on the issue. We are talking about a 4cm overhang at best on one pole. Interestingly they complained once and we had already altered it. Everything else was the same. Then they complained about another pole which was visible. We suspect it was calculated knowing the roof was on it would be highly expensive to alter.

Long story short is to tell them to poke it and tell the pw guy to stick to his remit.
Thanks for some sound advice.

 

[chappers]

Indeed tell him to keep his beak out. The award has been made and there is in effect a contract between you and your neighbour, he doesn't have the authority to decide if that contract has been satisfied

 

[Doggit]

Having seen this attitude from a neighbour before, the trick is to go on the attack and bluntly ask his what his problems is, and why he's acting so petty and small minded. Point out that any reasonably minded person would just let them get on with the job, and get the scaffolding down as quick as possible, and that all the time he tries to hamper you, it'll just stay up there longer and longer. Then tell him that you can act in a like minded manner, and demand that he cut back the trees, and remove everything from the wall, and that if he doesn't wish to remain on good terms, then you'll be on his doorstep every time the tree gets too big. It might also help to tell him that you're going to keep a log of his rantings, and that'll be used in any future court case. Then tell him that you were going to buy him a case of wine as a thank you, but you don't feel inclined to bother now - unless he backs off of course.

With bullies, you have to be the tougher mongrol I'm afraid.