Neighbours having an extesion and say we have to pay to remo

[lisap]

have you done your own checks about the boundery
assuming your plots are square the boundary will tend to come off the center off the party wall

The one post is about four foot from the house. They are 5in posts and I think it maybe over by and inch but not any more. I think they are saying the whole post should be on our side but all other 6 houses have the fence on the boundary line so this is what we did ten years ago. (and informed them that was where it was going before the work was done) We just followed what the other neighbours had done! The fence was put behind their hedge so we didn't know it wasn't straight until we had our patio was laid. Even then we didn't know it was over the boundary, just it wasn't in straight. Its just one big headache!! My big thing is, if they weren't having the extension then we wouldn't be taking the fence down so why should we pay. Everyone thinks its ludicrous but we need something to fight back with!

 

[big-all]

can you not dig out around the footings on your side for that post a clear 3 inches lever over 2" and fill with concrete on your side

 

[kingandy2nd]

10 years might be a key factor here as if the fence was erected more than 10 years ago it can become the assumed boundary.

Have a look at those links I posted earlier - especially the boundaries section on the garden law website.

Take lots of pictures and measurements of the boundary as it is now. For however long the fence has been in place this has been the agreed boundary line therefore the onus is on your neighbour to prove you wrong and reclaim the land you have 'acquired' through the placement of the fence.

I'd send a recorded letter to the neighbour stating that the fence is your property, and advising that you believe the fence is within your boundary and has been in place for 10+ years. Include in the letter that you do not agree to any works being carrier out on your land or affecting your property, without prior written agreement from your neighbour that your fence will be reinstated in a timely manner on completion of the works to its current position, and your property must be reinstated to the condition it was prior to his works at the neighbours costs.

Even ignoring the above, their builder would be laughed out of court for trying to bill you for work you didn't concent too.

 

[big-all]

yes i fully agree
who ever sanctions the work is responsible for paying for it
no one can force you to pay for work if they want to change the status quo they need your permission
and as your permission relies on good will and and compensation for inconvenience cost on your shoulder was not part off the agreement and as said the party wall agreement was finalized with the situation as is with no mention off off the boundary

 

[mattylad]

I agree completely with everything Kingandy has just said - this is what I would be suggesting as the land the post is on is yours now.
They must not touch your fence post without your permission and even if you do give it then they are responsible for ALL costs in the matter.

You should be paying for nothing.

 

[lisap]

Thanks kingandy2nd this has been really useful and I think i will copy that to give to PWA surveyor. I even wonder whether their builder has said this or whether it just the house owner. They both have a God complex and its "do as I command" even if it isnt legal/ possible/truth or anything else...life is very frustrating!! I am a facts and figure person and have evidence before I enter into anything!!

 

[big-all]

see if you can get them to put it in writing what they are saying then you will have no dispute as to what was said

 

[lisap]

We have asked from day one for them to put everything in writing and they havent yet. (and actually from 4 years ago when we said we no longer wanted to to talk to them, due to their lack of knowledge and understanding on anything, and if they wanted to communicate they should do so in writting) Its really annoying us!...maybe they cant write??

 

[big-all]

if the do write to you sign nothing especially if they use words like "as agreed"or "as duscussed"

and if you do sign anything make sure there are no spare lines for stuff to be added and photo copy anything you send them

 

[kingandy2nd]

It sounds simplistic but they can only communicate in spoken words if you listen/respond.

If they try and engage you in conversation your reply should be – ‘I will only communicate with you on this matter in writing’ and then end the conversation.

It’s a shame if it has deteriorated to this level, but you’re better off covering your back.

 

[lisap]

It sounds simplistic but they can only communicate in spoken words if you listen/respond.

If they try and engage you in conversation your reply should be – ‘I will only communicate with you on this matter in writing’ and then end the conversation.

It’s a shame if it has deteriorated to this level, but you’re better off covering your back.

we have got very good at not getting into verbal communication and always say put it in writting but they dont. This has been alot easier than other problems we have had with them as we just ring the PWA surveyor!
Unfortunately, as we have found here not every one can discuss things like an adult but sometimes, like us 4 years ago, you have to just give up!!

 

[lisap]

Just found in the line of junction notice this line:
"A single storey extension consisting of removal of any existing boundary fence line as deemed necessary to provide excavated foundations for proposed new building.."
So maybe this could be a useful point to use as well
The surveyor has just blown their surveyors party wall award to bits. there are so many errors and bit missed out, like working hours, tidying up mess from our land, acess etc, from a layperson view I knew these had to be in the award! This could be a long process

 

[jeds]

In reality lisa it's not your decision to make nor the builders nor the neighbours. The party wall surveyors are appointed and they act independantly. They must now agree a course of action on what works are necessary and who should pay for what. Once the details are agreed between them they sign the awards and that is that. The only thing you need to do is read the award and then decide what to do if you strongly disagree with it. So in the meantime you can just relax and there is no need to communicate with your neighbour verbally or otherwise.

 

[lisap]

I know jeds, this is what I am trying to do. I need to sit on my hands. I trust the second PW surveyor so I just have to keep saying to myself to trust him!!

 

[mattylad]

In reality lisa it's not your decision to make

On the contrary, it is!

It is her property and any party wall surveyors is only an employee.