Property divide issue

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mayo31

Well-Known Member
Joined
8 Sep 2011
Messages
6,774
Location
Middleton
We got back from our holidays at 3am, went to bed, got up this morning to find that the neighbour has erected a fence between our properties.

The owner rents the property out so I not sure yet who has done this. No one is home at the moment.

We have a wall between us that is quite decorative, someone has decided to put 4 long planks of wood approx 12 plus feet long that together have a height of about 3 foot on top of the wall. It is held by two pieces of wood at either end, one of which had been attached to my house, drilled.

About a year ago my wife was as at home when she saw the owner in our garden ready to smash the wall down. She asked him what he was doing and he said knocking the wall down. I got on the phone and asked him to not do so as we like the wall. I was at work and said we should speak about it later. I gave his then tenant my number to call me but he never has. So I thought all was over.

Now to come home and find this done has pissed me right off. I in the mood to take it all down and burn the whole pile of shit. I cannot do this as that would be wilfull damage, yet whoever can put up a fence and alter my property.

The Party Wall Act states whoever putting the fence up should write to consult etc but says once done I have to take legal advice etc to rectify or create a dispute.

The fence is right in my eye sight through our patio doors as I watch the TV and is unsightly.

To be it is all sly and snide. I think the owner has taken advantage of the fact we away to do this from the previous experience.

Cannot wait until someone is home in that house.

Anyone got advice
 
Well i shouldn't imagine he's entitled to drill into your wall without your permission , even if he has put a fence up ...... and i don't see how he can view a wall , or fence , between two properties, as being 'his' to alter , or build on .......... surely the wall is 'shared'.

My Pendlebury mate and his next door neighbour had a small (slightly damaged/crumbling) wall between their properties , and they decided that they wanted it demolishing , and a proper fence erecting instead ..... so they just liased with each other , split the cost , and got someone in to do the job.

That's the correct way to do something like that , and i agree that this neighbour of yours appears to have been a bit sneaky in carrying out what he's done , and when he's done it ....... he's obviously banking on the idea that once the fence is up , you probably won't be arsed to complain or do something about it , but as he appeared to be aware beforehand that you didn't want anything erecting there , he's been 'provocative' in doing it whilst you were away.
 
It will tell you on your house deed's which side of the boundry you are responsible for.If it is their side i'm not sure you can do much except have a nice conversation and try and sort it out nicely
 
Drilling into your house sounds like something he should be asking you about, however the fact he's done it suggests he knows he is allowed to. I wouldn't spend a couple of hundred quid doing something like that if it wasn't all set in stone I was legally able to do so.

If he is a **** about it, kick it down.
 
Pigeonho said:
Drilling into your house sounds like something he should be asking you about, however the fact he's done it suggests he knows he is allowed to. I wouldn't spend a couple of hundred quid doing something like that if it wasn't all set in stone I was legally able to do so.

If he is a **** about it, kick it down.
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I'm pretty sure that's negated by the fact that he did it whilst the OP was away and is banking on the good old English "Oh well" mentality.
 
MCFC-alan88 said:
Pigeonho said:
Drilling into your house sounds like something he should be asking you about, however the fact he's done it suggests he knows he is allowed to. I wouldn't spend a couple of hundred quid doing something like that if it wasn't all set in stone I was legally able to do so.

If he is a **** about it, kick it down.
Click to expand...


I'm pretty sure that's negated by the fact that he did it whilst the OP was away and is banking on the good old English "Oh well" mentality.
Click to expand...
Big risk though. He may well have something up his sleeve.
 
The Party Wall Act says he should notify me or rather ask me my views. If I disagree he should put the fence on his side only, this fence is bang in the middle but then the holding piece is on my side due to a gutter down pipe.

The fence is shit and if he had asked me we may have come to an agreement but it the not asking I find more of a piss take.
 
mayo31 said:
The Party Wall Act says he should notify me or rather ask me my views. If I disagree he should put the fence on his side only, this fence is bang in the middle but then the holding piece is on my side due to a gutter down pipe.

The fence is shit and if he had asked me we may have come to an agreement but it the not asking I find more of a piss take.
Click to expand...


Anything on your side remove and throw back in his garden send him a bill for any remedial works if he's do a rough job. Going to be very windy tonight apparently ;)
 
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