Any solicitors here? Neighbour problems...

[SOLENTER]

Aprox 160 bricks then plus sand&cement plus pots if thay dont come of in one peace plus new lead tray
£30 is way short of 50% materiels let alone labour

[Erin]

Have a chat with a good Building Surveyor. There is a statutory law in England called the 'Party Wall Act' which gives you certain rights in relation to party walls and maintenance. It will involve you serving a 'notice' on him that you intend to do certain work. Afraid I don't know much more, very much a distant memory from my surveying degree, and such laws don't apply in my part of the world.

With regard to land, my understanding was that if you had used it in the belief, and as if it was your own for 20 years without objection, you could claim right of ownership by prescription. I'd forget the bit about knowing the previous neighbour put the fence in the wrong place pretty smart if you're anywhere near 20 yrs yet.

Keith

[Nos4r2]

Originally Posted by markg

probably waiting for you to offer to pay the full cost, it might be worth offering if its only £30 sometimes a bottle of lubricant helps things along as well

If I thought that'd work I'd offer.

It's just shy of £1500 for the job, so £30 either way is unimportant.

[Nos4r2]

Originally Posted by Erin

Have a chat with a good Building Surveyor. There is a statutory law in England called the 'Party Wall Act' which gives you certain rights in relation to party walls and maintenance. It will involve you serving a 'notice' on him that you intend to do certain work. Afraid I don't know much more, very much a distant memory from my surveying degree, and such laws don't apply in my part of the world.

With regard to land, my understanding was that if you had used it in the belief, and as if it was your own for 20 years without objection, you could claim right of ownership by prescription. I'd forget the bit about knowing the previous neighbour put the fence in the wrong place pretty smart if you're anywhere near 20 yrs yet.

Keith

Thanks!
Ref the land-the current neighbour put the fence in the wrong place.

[Avocet]

Nos

Sorry to learn of your problems: I'm on holiday (and so out of the office) until Monday and as a conveyancing solicitor tend not to get involved in disputes (if one arises it gets passed to one of my litigation colleagues). I do, however, deal with easements and have a working knowledge of the Party Wall Act.

From what you say, you have a legal right to access the neighbour's land in order to carry out the work to your part of the chimney. If so you are within your rights to go ahead and do the work accessing the neighbour's land as required. The details of this right will be in your title deeds and can be straightforwardly read. The deeds may stipulate that you need to give written and/or a certain period of notice.

The problem that you have is that the right to repair your property is unlikely to give you the right to do work to your neighbour's property (even improvements). For that you need the Party Wall Act. A somewhat lengthy but readable idea of it is available at: http://www.communities.gov.uk/docume...pdf/133214.pdf

Not being a litigation lawyer, however, my approach is to try and find a solution (which if you're planning on moving in the foreseeable future is always adviseable since disputes have to be disclosed and may put off potential purchasers). Why not show your neighbour a copy of your title deeds (available for a few quid from the Land Registry - assuming that your title is registered) and point out that he will have to endure the inconvenience of your side being repaired in any event, so why not have a completely new chimney for £30.00 more and no additional inconvenience, noise etc. As mentioned before, you could even offer to cover the £30.00 as a sweetener....

Good luck. David.

[Rogue Wave]

Taking the piss here but I you don't want to go Legal and mr Nobber wont let you scaffold then could they not do the work from a cherry picker

[Nos4r2]

Originally Posted by Avocet

Nos

Sorry to learn of your problems: I'm on holiday (and so out of the office) until Monday and as a conveyancing solicitor tend not to get involved in disputes (if one arises it gets passed to one of my litigation colleagues). I do, however, deal with easements and have a working knowledge of the Party Wall Act.

From what you say, you have a legal right to access the neighbour's land in order to carry out the work to your part of the chimney. If so you are within your rights to go ahead and do the work accessing the neighbour's land as required. The details of this right will be in your title deeds and can be straightforwardly read. The deeds may stipulate that you need to give written and/or a certain period of notice.

The problem that you have is that the right to repair your property is unlikely to give you the right to do work to your neighbour's property (even improvements). For that you need the Party Wall Act. A somewhat lengthy but readable idea of it is available at: http://www.communities.gov.uk/docume...pdf/133214.pdf

Not being a litigation lawyer, however, my approach is to try and find a solution (which if you're planning on moving in the foreseeable future is always adviseable since disputes have to be disclosed and may put off potential purchasers). Why not show your neighbour a copy of your title deeds (available for a few quid from the Land Registry - assuming that your title is registered) and point out that he will have to endure the inconvenience of your side being repaired in any event, so why not have a completely new chimney for £30.00 more and no additional inconvenience, noise etc. As mentioned before, you could even offer to cover the £30.00 as a sweetener....

Good luck. David.

Thanks David-that was an interesting read. He doesn't have a leg to stand on after reading the party wall act.

The problem now is, the builders are waiting to start work and he's had 6 months (verbal) notice of the work to be done and agreed (again verbally). I'm not going to have much fun trying to get the builders off a job to do mine if they start another one.

[Nos4r2]

Originally Posted by Rogue Wave

Taking the piss here but I you don't want to go Legal and mr Nobber wont let you scaffold then could they not do the work from a cherry picker

Nah, the chimney needs a platform round it and supporting during the work.

[Hightower]

After reading all of this, I would go round your neighbours place and knock on the door. Eat some humble pie and explain to him that you have had a visual survey of the chimney carried out (well you've had the builder look at it). The result is that because of the health and safety nature of the state of the chimney, that if the chimney fell down and either damaged property or hurt/killed anyone then both the properties owners (you and him) would be liable to court action/lawsuit and that any building insurance would become invalid due to it being a preventible situation. IE: £30 is nothing. Make peace!

Because of the boundry problem, tell him there is no cost to him other than gaining his permission to access his portion of the roof and that any damage to surrounding roofing parts will be met by the builders insurance (which it should be anyway).

Then after the work is carried out I would investigate your rights to the 18"s of his property that you have gained though his mistake. There is a period of time that must pass before you can claim a plot of land for youself, but I think this must be registerd though the land registry first.

Good luck Matt

[Limey Linda]

Clear evidence of the pathetic stupids. That is why I "got the hell out of there"
Trust me: you are doomed. Leave ( my beloved UK) and go somewhere else. Do you have the balls? Most of your high end tax payers already have, just leaving the suckers to pay the taxes.
Best of luck Nos.
T.