Party Wall Act

[xwordmad]

Hello, our new neighbour has completely taken his side of the wall back to plaster and also lodged a piece of wood through our wall... What are our rights please?

[Buenchico]

I can't see why taking the wall back to plaster should be a problem. It almost certainly counts as work which is too minor to require a notice under the Party Wall Act.

However your neighbour should have given you two month's notice (in writing) of his intent to cut into the wall. If he has not done so the Party Wall Act does not provide any enforcement procedures. (Its main purpose is to provide HIM with certain rights to do work, subject to certain safeguards, not to help YOU). You will need to consult a solicitor with regard to the damage caused to your property (or which might potentially be caused to it through the weakening of the wall).

http://www.communitie...ilding/pdf/133214.pdf

Chris

[xwordmad]

We were never given the notice and he is not insured... where does that leave us?

[jackthehat]

He has lodged a piece of wood through your wall!?!

A think you need to have a conversation with him PDQ about this.
And I think you need to have a word with a solicitor, too.

[xwordmad]

Correction my fellow ansabankers ... He has taken the wall back to brick... not plaster... Advice please :)

[xwordmad]

Also... when he took the wall back to brick - there was a brick missing with wood through it... This was sticking out and he hammered it flush with the brick... hence it popping out our side... Hope this explains.

[jackthehat]

He can do almost what he likes with *his* side of the wall........however, he has to be mindful, and take account of, the impact it may have on *your* side of the wall...

[Buenchico]

Whenever someone damages your property (either through a deliberate action or through negligence) you have the right to claim compensation from them. If they've got insurance in place they can pass the claim on to their insurer; otherwise they must foot the bill themselves. (i.e. the absence of insurance doesn't prevent the person who has suffered loss from demanding compensation).

If you can put a figure on the damage which has been caused to your property (e.g. by getting several quotations for remedial work) you should send a written demand for compensation to your neighbour. (I recommend sending it by recorded delivery, even though its only going next door, as a court might require you to prove that you made the demand). The demand must show your name and address, and that of your neighbour. It must be dated and clearly state the amount demanded, and the reason why. It should also state that if payment in full is not received within a specified period (I suggest 28 days) you will commence legal action.

http://www.smallclaim..._forms/ex301_0406.pdf

http://www.smallclaim..._forms/ex302_0406.pdf

Chris

[xwordmad]

Seems the law sides on the side of our neighbour... despite the damage and stress he has caused us and despite the noise we have endured for pretty much every night for three months including weekends (still hammering whilst writing)... We asked him earlier how much longer... We then overheard that should our moaning continue he will dump his broken up tarmac through our garden... Thanks everyone for your replies but seems we have no leg to stand on...

[jackthehat]

Of course you have........!?!

[xwordmad]

Thanks Buenchico...

[maclarencat]

Yes you have . Contact enviromental health about the noise and get an estimate for the repair to you wall . Ask him to pay and if he doesnt take him to court.

[bednobs]

what a strange reply - you DO have a leg to stand on, as outlined by buenchico!

[xwordmad]

I think we are just dispondent as we have them to tone the noise down and we get a shrugged shoulder... we are not a couple that like to cause a fuss. Thanks everyone.

[bednobs]

hiya, if they are causing a lot of noise at unreasonable times, you need to speak to environmental health at your local council. However, after 3 month i would hope whatever they are doing is over soon!

[xwordmad]

PS We will get three quotes and send a recorded letter to ask for the money to put the damage right... We don't know their last names but will send anyway.

[xwordmad]

Thanks Bednobs... We got abuse earlier when we asked for a timescale of how long works would be likely to go on for... Let hope it's not much longer... Hopefully the damage they caused to our property will be sorted soon... Kind regards.

[Buenchico]

You can find the name of the property owner by downloading a copy of the title register (for a fee of £4) from the Land Registry:
http://www.landregist...ortal/Property_Search

Chris

[boxtops]

I have sympathy, our neighbour's been taking out fireplaces and taking up floors for months, but at least we're at work in the daytime. It's evening work which can be annoying for us.

[SeaJayPea]

Have a quiet word with your postman. He should be able to tell you their name.

[joko]

hammer it back through... it will pop out his side - thus making him aware of the situation...

does he actually know whats happened? or does he just think youre moaning about the noise? it may be that he just thought it was sticking out, and doesnt realise it pushed through your side...