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We have an old brick wall between our garden and the neighbour's. It had a bit of a bow at one end but was solid. The neighbour has since removed their side wall, which was perpendicular to this back wall. It didn't seem to be attached to the back wall, but the vibration of the builder's work has caused the back wall to loosen and it's now teetering and ready to come down over a 10ft length roughly.
I've just spoken to the wife and she say's she'll ask her husband to have a look later. I've asked him to pop round for a chat about it.
Personally, I'd happily see the back of the wall, but wasn't planning to do anything about it this year. What would you think's reasonable to expect here? They have planted a beech hedge along their side of the wall to screen it so I suspect they're not fussed about chipping in to remove the whole thing. If we try and get 50-50 costs shared to remove just the affected section it will look a bit duff.
Would you try and suggest and then push them to chip in half the cost of removing the whole thing? The whole cost of the section their builder has loosened?
They have grandkids and we have two wee kids and it's a genuine safety hazard now! 4ft high single skin brick with support pillars every 12ft or so.
The neighbour has since removed their side wall, which was perpendicular to this back wall.
Have a look at what was provided for in the party wall agreement you made when they did this, they ought to be liable. No party wall agreement? Bit naughty that.
No party wall agreement? Bit naughty that
Unless you're in Scotland.
Which he is.
Who's responsible for maintaining that boundary. Will be in the deeds / plans.
That gives the legal answer as to who is responsible. That said these things are airways better dealt with amicably and by mutual consent of at all possible.
The plans don't specify the boundary as far as I can tell. I'll dig around and see if I've got anything. The plans definitely don't show enough detail to say who the wall belongs to, but I would be going on the assumption it's a shared responsibility.
The plans definitely don't show enough detail to say who the wall belongs to, but I would be going on the assumption it's a shared responsibility.
We have a similar situation and our neighbour is a bit of a lady part.
It's HIS boundary if it is not anything to do with upkeep/cost/renovation. Then, mysteriously, it becomes my responsibility.
midlifecrashes - MemberThe neighbour has since removed their side wall, which was perpendicular to this back wall.Have a look at what was provided for in the party wall agreement you made when they did this, they ought to be liable. No party wall agreement? Bit naughty that.
As PP said but also, given the very next line
It didn't seem to be attached to the back wall,
A genuine question, why would you have a party wall agreement specific to the work when it wasn't to a party wall? I'm assuming you don't (aren't supposed to) make a specific party wall agreement every time you do work to a property where there happens to be an unconnected party wall on the same site? If the damage is foreseen, or foreseeable, fair do but I'm guessing this is completely in the bounds of "oh drat".
Having had my neighbour go full legal on me over a minor issue I would strongly recommend you resolve this without making a big issue. As a result of the agro we have moved house to keep the stress and upset away, it has cost a lot though we now have a bigger better house and very nice neighbours.
Tell him your issue, discuss if his works have an impact on this, agree a solution and share the costs.
If it was me I would get a skip, together knock it down and put up a joint solution. Share costs.
DON'T FALL OUT WITH YOUR NEIGHBOUR!!!!!!
Because basically a party wall agreement is required for any works within 1m of a boundary. It's to stop stuff like this happening.A genuine question, why would you have a party wall agreement specific to the work when it wasn't to a party wall?
Wrong assumption 😉I'm assuming you don't (aren't supposed to) make a specific party wall agreement every time you do work to a property where there happens to be an unconnected party wall on the same site?
Thank you
Legal issues aside I doubt your wall could be described as 'solid' if it had a bow in it and has became loose after a bit of vibration.
This thread is useless without....
Legal issues aside I doubt your wall could be described as 'solid' if it had a bow in it and has became loose after a bit of vibration.
...probably loosened it himself with all the vibration from dismantling the carport 😉
This thread is useless without....
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Are they nice old bricks? Might be able to freecycle them which significantly reduces the cost and work of getting rid of the wall. Worth asking if the neighbour is willing to go 50/50 but I wouldn't push the point if they weren't keen. Better to keep a good relationship.
i am a lawyer and have experience of this sort of thing my considered legal advise is as follows:-
"DON'T FALL OUT WITH YOUR NEIGHBOUR!!!!!!"
our neighbour is a bit of a lady part.
Highlight of the thread and a term I shall now use frequently 😆
the vibration of the builder's work has caused the back wall to loosen and it's now teetering and ready to come down
If you can prove this, or the neighbour accepts it, then it's clearly neighbours responsibility to fix it. They broke it, they fix it.
But neighbour could well say "no it wasn't my builder, that walls been dodgy for ages. Been quite windy recently, hasn't it." Then it comes down to whoever is responsible for the boundary.
Because we are in Scotland, responsibility is probably joint unless your deeds are explicit. I'd suggest that either they make good on their damage, or you split the costs of removing the whole thing 50/50.
Yeah I'm hoping to catch up with the chap and suggest we go 50-50 to remove the whole thing. Or if he pays for a skip I'll do it in a day's work.
We'll see!
Was going to say a maxi skip is usually, what, £150?
That plus whatever a new fence costs (if you are bothered about having one).
They have planted a beech hedge 18" their side of the wall... it could work in my favour if i remove the wall and don't put anything in it's place!
A skip hire and a day's work for a garden 18" wider? Bargain. Beech hedges are lovely why do anything else? Just keep on top of the trimming so the hedge never gets past the boundary.
sharkbait - Member
Because basically a party wall agreement is required for [b]any works within 1m of a boundary[/b]. It's to stop stuff like this happening.
It's not in E&W.
It's either where works are to be done to a party wall, or party fence wall, or excavation within three metres of a structure that extends below the foundations of the adjacent structure OR excavate within six metres and the face of the excavation intersects a 45 degree line drawn to the bottom of the adjacent structure.
It's not required where there is no party wall or fence wall and no excavations.
I think I live the other side of your neighbourWe have a similar situation and our neighbour is a bit of a lady part.It's HIS boundary if it is not anything to do with upkeep/cost/renovation. Then, mysteriously, it becomes my responsibility
He parks at the side of my house as its his spot unless the grass needs cutting in which case its my land and my responsibility. He sees no issue with this thinking
Personally if the wall is now dangerous, I'd just pull it down and stack the bricks up in the corner of the garden and keep saying I'm going to build a barbecue for the next 3-4 years.....
Go half on a skip and both knock it down and have beer at end of day. Happy neighbours. Unless he doesn't like the prospect then as you say he pays for skip you do the work and drink all the beer.
but I would be going on the assumption it's a shared responsibility.
The wall must be one side or the other of the boundary. Determine who owns it and take it from there. If the title plan is unclear, reading the title sheet (and associated deeds) may identify the ownership. If you don't have copies, Registers of Scotland (Registers direct IIRC, but may now be ScotLIS) allow you to buy and download copies.
If it is your wall, I'd still be onto him for a contribution, if you believe his demolition work on the perpendicular wall has caused it to collapse.