Problem with neighbours boundary wall

Problem with neighbours boundary wall

Author
Discussion

dickymint

24,371 posts

259 months

Saturday 28th February 2015
quotequote all
It'll be a ten minute job with a Stihl saw to chop out the concrete after the pathway is laid. I understand the OPs concern but I doubt very much if the builder plans to leave it as is.

Troubleatmill

10,210 posts

160 months

Saturday 28th February 2015
quotequote all
dickymint said:
It'll be a ten minute job with a Stihl saw to chop out the concrete after the pathway is laid. I understand the OPs concern but I doubt very much if the builder plans to leave it as is.
If that is the case - common courtesy would say - you tell the OP what the plan is.

Mandat

3,890 posts

239 months

Saturday 28th February 2015
quotequote all
dickymint said:
Mandat said:
stuart313 said:
I dont even agree with the footings being on your land. Suppose you wish to build an extension, you cant even get your footings up to the edge of your land never mind your wall, it seems your neighbour has more of a right to your land than you do.
The Party Wall etc. Act 1996 gives the right to place projecting footings on neighbouring land, if necessary.

Conversely, if the neighbour then wants to build up to the boundary line as well, they can cut back the projecting footings, or there are other foundation designs that can be used to work around the projecting footings. It is all relatively straightforward and which shouldn't deprive the neighbour of any rights to their own land.
Irrelevant as it's not a party wall.
It doesn't need to be a party wall. The right to place projecting footings applies also to walls built wholly on one side of the boundary line.

This is why it is possible to build right up to a property boundary and still have a traditional strip footing, since the projecting concrete of the footing can be placed below ground on the neighbours land.

Mr GrimNasty

8,172 posts

171 months

Saturday 28th February 2015
quotequote all
You have to follow the PWA procedure one way or another (even if by just asking permission) if you want to put footings under you neighbour's land, yes ultimately they can't stop you, thus it is really a party (fence) wall even if only one brick high.

You can't build astride the boundary without your neighbour's permission regardless of the PWA, if they object, you must put the wall adjacent at the closest.

So yes under the PWA ordinary footings can extend under the neighbouring land, but nothing can project over the land - coping, fascia, gutter etc. - without permission, it would constitute an ongoing trespass.

Theoldfm

398 posts

188 months

Saturday 28th February 2015
quotequote all
That's not a wall it's a key kerb.

The usual way to lay these is to wet bed and haunch them - which is what they have done.

To be honest, all that needs is some topsoil to cover the hunch. Once done you would never know it was there.

dickymint

24,371 posts

259 months

Saturday 28th February 2015
quotequote all
Theoldfm said:
That's not a wall it's a key kerb.

The usual way to lay these is to wet bed and haunch them - which is what they have done.

To be honest, all that needs is some topsoil to cover the hunch. Once done you would never know it was there.
Exactly, it's not a problem just needs tidying up at the end of the job once the new pathway has been laid and keyed in.

jules_s

4,287 posts

234 months

Saturday 28th February 2015
quotequote all
Theoldfm said:
That's not a wall it's a key kerb.

The usual way to lay these is to wet bed and haunch them - which is what they have done.

To be honest, all that needs is some topsoil to cover the hunch. Once done you would never know it was there.
You've missed the relative levels. Nothing will grow within a foot of that 'wall'

Welshbeef

49,633 posts

199 months

Saturday 28th February 2015
quotequote all
What an utter mess that is.


With the PWA who pays if the neighbour has laid footing first who pays to cut the footings? Surely that isn't a cheap thing to do but should be a shared cost!

dickymint

24,371 posts

259 months

Saturday 28th February 2015
quotequote all
jules_s said:
Theoldfm said:
That's not a wall it's a key kerb.

The usual way to lay these is to wet bed and haunch them - which is what they have done.

To be honest, all that needs is some topsoil to cover the hunch. Once done you would never know it was there.
You've missed the relative levels. Nothing will grow within a foot of that 'wall'
You wanna bet on that?

Ovaltine

Original Poster:

58 posts

111 months

Saturday 28th February 2015
quotequote all
Welshbeef said:
With the PWA who pays if the neighbour has laid footing first who pays to cut the footings? Surely that isn't a cheap thing to do but should be a shared cost!
Err... for a start they are not footings and secondly, you think I should share the cost of removing crap from my property that I did not instigate?

dickymint

24,371 posts

259 months

Saturday 28th February 2015
quotequote all
Ovaltine said:
Theoldfm said:
That's not a wall it's a key kerb.

The usual way to lay these is to wet bed and haunch them - which is what they have done.
Yes, with the haunching on my land!

Theoldfm said:
To be honest, all that needs is some topsoil to cover the hunch. Once done you would never know it was there.
The wall, or kerb, is about 6" high. It's not even but parts of the cement start at about 2" from the top, sloping into our garden by about 4" at worst. A mountain of earth would cover most of it but the worst bit near our front door, it would blow away in 5 mins.

If I was your neighbour, built that wall with concrete on your property and me saying 'don't worry mate, it'll cover with topsoil, you'll never know it's there', would you be happy?

Maybe they will chip it off when finished but the wife mentioned something about putting shingle over it, so I would have about 4" of shingle in my garden. Nice, I've always wanted that....

They haven't covered the air bricks (not that it concerns me), but have left a gap which I assume they will put some pretty tiles in.

Someone mentioned DPC, I know nothing about building, where would that go, between the poured concrete and the walls of their house? (might as well learn something while here).

No permission was sort or granted about slapping a load of concrete on my garden (even if that's the way you do a key kerb). All I was told was a brick wall would be built, showed the contractor where the boundary line was and he told me he would build it on their side, so no problem there. I would have no problem with some footings extending into our property by an 1" or 2 as long as it was BELOW the surface as per the illustration I posted. That seems reasonable, but I cannot believe it is lawful to use someone else's property or land to support a structure built on yours!

Don't know why I didn't think of it before (most probably because he hasn't worked as one for years), but an old and close friend of mine is a qualified chartered building surveyor, I'm sure he will know what the law is on this, 'constitute an ongoing trespass' sounds about right to me.

I have not seen hide nor hair of the neighbours BTW.

Thanks to all who have contributed.
You'd better believe it as no law has been broken (assuming he cuts away the crap below ground level). Out of interest, if it were you that wanted to do similar up to your boundary, how would you do it (as is your right) without encroaching next door?

Chill out it will all end up ok wink

Ovaltine

Original Poster:

58 posts

111 months

Sunday 1st March 2015
quotequote all
dickymint said:
You'd better believe it as no law has been broken (assuming he cuts away the crap below ground level).
This remains to be seen....

dickymint said:
Out of interest, if it were you that wanted to do similar up to your boundary, how would you do it (as is your right) without encroaching next door?
If I were to build a boundary wall on my property, I would do it so as not to impose any of the construction on my neighbours property. If my wall needed FOOTINGS that encroached UNDER my neighbours land and was within the law, I can't see a problem. I'm struggling to find what fking point you are trying to make?

dickymint

24,371 posts

259 months

Sunday 1st March 2015
quotequote all
Ovaltine said:
If I were to build a boundary wall on my property, I would do it so as not to impose any of the construction on my neighbours property. If my wall needed FOOTINGS that encroached UNDER my neighbours land and was within the law, I can't see a problem. I'm struggling to find what fking point you are trying to make?
How rude! wavey

Wacky Racer

38,170 posts

248 months

Sunday 1st March 2015
quotequote all
I can see your point, but personally it would not bother [me at all. I would just get your neighbour to cover the concrete with some decent topsoil, then you won't see it. The land on your side looks a bit unkempt anyway....(no offence intended)....If it was a nice turfed lawn that ran up the the "wall", yes, I would be annoyed.

All (imho)

smile

Welshbeef

49,633 posts

199 months

Sunday 1st March 2015
quotequote all
Ovaltine said:
Welshbeef said:
With the PWA who pays if the neighbour has laid footing first who pays to cut the footings? Surely that isn't a cheap thing to do but should be a shared cost!
Err... for a start they are not footings and secondly, you think I should share the cost of removing crap from my property that I did not instigate?
You misunderstand - I was speaking generally about the PWA. If my neighbour say build a single story extension right up to the boundary it would clearly have footings, why is the the party who is second/last to build up to the boundary who should foot (sorry for the pun) the bill to shrill it off?

Footings have be be underground - I'm not really sure what the mess they have left should or shouldn't be but I'd want it removed.

Theoldfm

398 posts

188 months

Sunday 1st March 2015
quotequote all
Wacky Racer said:
I can see your point, but personally it would not bother [me at all. I would just get your neighbour to cover the concrete with some decent topsoil, then you won't see it. The land on your side looks a bit unkempt anyway....(no offence intended)....If it was a nice turfed lawn that ran up the the "wall", yes, I would be annoyed.

All (imho)

smile
Yes. That all makes perfect sense to me too.

When I built my patio I used similar key kerbs with a concrete haunch behind (albeit on my land!). I topsoiled over it and you would never know it was there.

The OP needs to chill out a bit (IMO) and go and have a chat with his neighbour's builder to see what their actual plans are rather than arguing in public with the good folkes of PH. At the end of the day, we are just trying to help.

Unless the neighbour's builder is a powerfully built Company Director type who likes throwing cans of Red Bull that is... argue



roofer

5,136 posts

212 months

Sunday 1st March 2015
quotequote all
Knock on neighbours door

"Hello mate, bit pissed off with the concrete, looks st, have a word with your man and get him to have a tidy, thanks"

The End.

Troubleatmill

10,210 posts

160 months

Sunday 1st March 2015
quotequote all
Leave note for builder to call you to discuss.


Busa mav

2,562 posts

155 months

Sunday 1st March 2015
quotequote all
Ovaltine said:
, it's one of these companies that print print patterns in concrete. ..
Unfortunately for you ,they will be used to doing ste work then.