ChatterBank1 min ago
Neighbour destroys wall and rebuilds to suit himself
7 Answers
I bought an end terrace house as an investment and rented it successfully for a while. I found a buyer and moved tenet out. On the exchange date the estate agent said buyer hadn’t sorted his mortgage yet, could wait a few days. He strung me along for 4 months before walking. All this time the house was empty as I couldn’t rent it pending completion
While the property was empty it was checked regularly. It has an enclosed garden so a glance from the window showed everything to be fine. However around the bathroom corner away from view the adjoining neighbour took it upon himself to totally dismantle a wall and rebuild it (probably in a day) in a haphazard fashion such that it curves away from the bathroom (downstairs) it used to abut and continues past to form the rear wall of an outbuilding he has constructed. This has left valley which now collects all the rainwater that runs of his unguttered, pitched roof, onto my roof which he also damaged and down the wall.
The land registry confirms it is not a party wall but owned entirely by me and Building regulations and planning permission confirm he made no application to either before building.
They however say that because it is below a certain height and not a dwelling building, it does not contravene any of their rules and my problems are a civil matter.
My solicitor wrote to the property and not even a reply was forthcoming. He HAS been served by planning permission regarding several properties he owns on the corner where mine stands regarding his continual ‘minimal’ extentions/remodellings he has been doing which amount to one huge project and is being made to make a retrospective application. I’d like to think this development could be used to help me obtain a satisfactory outcome. Any feedback greatly appreciated.
While the property was empty it was checked regularly. It has an enclosed garden so a glance from the window showed everything to be fine. However around the bathroom corner away from view the adjoining neighbour took it upon himself to totally dismantle a wall and rebuild it (probably in a day) in a haphazard fashion such that it curves away from the bathroom (downstairs) it used to abut and continues past to form the rear wall of an outbuilding he has constructed. This has left valley which now collects all the rainwater that runs of his unguttered, pitched roof, onto my roof which he also damaged and down the wall.
The land registry confirms it is not a party wall but owned entirely by me and Building regulations and planning permission confirm he made no application to either before building.
They however say that because it is below a certain height and not a dwelling building, it does not contravene any of their rules and my problems are a civil matter.
My solicitor wrote to the property and not even a reply was forthcoming. He HAS been served by planning permission regarding several properties he owns on the corner where mine stands regarding his continual ‘minimal’ extentions/remodellings he has been doing which amount to one huge project and is being made to make a retrospective application. I’d like to think this development could be used to help me obtain a satisfactory outcome. Any feedback greatly appreciated.
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I went to the Police and they took virtually the same line as the council saying "As he rebuilt it there was little or nothing they could do" ignoring the fact that the rebuild looks like it was done by a 6yr old on a sugar rush!.
The problem with using my solicitor is that it cost £200 a letter upfront which i simply don't have at the moment regardless of if i can claim it all back in court.
I do fully agree with the 'My wall so knock it down and rebuild it" argument and if no agreement can be reached legally i will seek to do just that. I am now going to check with the land registry as it whether i can do this with no recriminations.
The problem with using my solicitor is that it cost £200 a letter upfront which i simply don't have at the moment regardless of if i can claim it all back in court.
I do fully agree with the 'My wall so knock it down and rebuild it" argument and if no agreement can be reached legally i will seek to do just that. I am now going to check with the land registry as it whether i can do this with no recriminations.
I doubt that the LR will offer you an opinion on that.
Party Walls (which you say yours isn't) are not recorded as such on the Title Plan - what the title plan shows are the general boundaries of your land. If you are sure that the wall is wholly on your land (by comparing the line against known features such as the mid-point of the line between the 2 joined houses) then there can't be any argument about you knocking it down.
A Party Wall, by implication, sits astride the boundary line.
Party Walls (which you say yours isn't) are not recorded as such on the Title Plan - what the title plan shows are the general boundaries of your land. If you are sure that the wall is wholly on your land (by comparing the line against known features such as the mid-point of the line between the 2 joined houses) then there can't be any argument about you knocking it down.
A Party Wall, by implication, sits astride the boundary line.
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