Excavating near house

[diy mad]

Hi,

We have a cottage that sits very close to a lane (see pic) and a builder is starting to build a new property next door but one to us.

Today he cut down a shrub that is tied to our wall and told me it will need to be removed completely when he connects the services to the new property.

I am concerned that our property (circa 1850) has very shallow or no foundations and that any excavation may result in a problem.

Does anyone have any advice or any idea of my rights?
Many thanks

 

[Captain Nemesis]

Today he cut down a shrub that is tied to our wall and told me it will need to be removed completely when he connects the services to the new property.

Whose shrub was it?

I am concerned that our property (circa 1850) has very shallow or no foundations and that any excavation may result in a problem.

But how close will they be excavating?

You said

a builder is starting to build a new property next door but one to us

How far away is that?

 

[diy mad]

The shrub was here when we bought the house 32 years ago and has been tended by us ever since.
The roots are touching the house wall,, so if he intends removing the shrub he would be digging that close.
the new property is approx 50 m as the crow flies, approx 80m avoiding gardens.

 

[Captain Nemesis]

So this guy has cut down your shrub which is 50m away from his site?

Why?

 

[diy mad]

He claims it allows him better access for vehicles down lane.

 

[diy mad]

it's worth pointing out that our deeds show our boundary line as the house wall. There's then about a metre verge to the road tarmac

 

[Captain Nemesis]

He claims it allows him better access for vehicles down lane.

Get some more rocks.

Bigger ones.

Now.

 

[Captain Nemesis]

Has he served you with a party wall notice?

 

[diy mad]

No party wall notice. He's only just started clearing the site, but I'm worried that I'll come home one day and find a trench.

 

[^woody^]

PW Act does not apply.

Your rights are - if damage is caused to uour property, you make a civil claim in the County Court for negligence.

 

[Captain Nemesis]

PW Act does not apply.

Section 6.

 

[Harry Bloomfield]

Take lots of dated photographs of your property, inside and outside of all of the areas likely to be affected by the works and more as the works progresses. At least then, you can prove any damage was done as a result of the works.

Not clear on what your 50 m and 80 m refer to?

 

[diy mad]

Thanks Guys.
Why is it Woody that the PW Act doesn't apply, is it because the excavation would be for services?

 

[^woody^]

Yes, the PWA is for party walls not random trenches

 

[Captain Nemesis]

Actually, it isn't just for that. You should read Section 6.

However - in this case it doesnt apply, but not because it has zero applicability per se, but because the work is being done wrt "next door but one to us".

If it had been the adjoining owner who was proposing to excavate in order to lay in/connect to services it would apply, but because its not an adjoining owner it doesnt, even though the nature of the work is the same.