Neighbour being a bell-end

[silverthorn2151]

Slyjoe said:

silverthorn2151 said:

Having been involved in quite a number of boundary disputes (for this is what you are having) the one thing they ALL have in common is lots of opinions I'm afraid.

I would be inclined to view the injury to the coping stones without prior discussion an irritation rather than anything more. Chap B may well have thought it was up to him what he did on his side of the wall but not to speak about it first suggests oafishness to one degree or another.

The longer term proposal that requires this girder erection may well prove more significant. Have details of the proposal been shown to you OP?

And nobody, ever, can tell you a boundary is accurate to 10mm. *

Thank you for the reply.
We have now indeed agreed that it is an irritation, which we will accept, put down to poor communication.
They also have the same opinion. We are on talking terms.
No-one wants to in any way get into a costly boundary dispute.
My point, as I tried badly to illiterate in my first post, was that due to the explosive nature of his reaction, and the possibility of him kicking off at some later point, is that is he within his rights to grind off the overhang.
They have not shown us any plans, as I believe its all being done ad-hoc by their builder, who incidentally was mortified when we asked him what the plan was for our wall. The neighbours had told him it was theirs and to go ahead in the first place.

That is genuinely excellent.

The question you posed initially is both easy and difficult to answer, and therein lies the most common issue with matters of this nature. If you could prove, without doubt, that the walls is yours and yours alone then no, of course he can't damage it. He has rights to build up to his boundary subject to the usual caveats and that can include, in some circumstances, dealing with overhanging things. were he to damage the wall in that circumstance then you would have rights against him. Exercising those rights would be disproportionately expensive and time consuming and be discussed over Sunday dinner at your house every day for the next decade.

The reality though is that your probably can't prove title and ownership to a sufficient degree.

As a general rule in boundary matters where things haven't been pre-agreed there is rarely a satisfactory outcome. Chatted to one client only last week who had 'won' a boundary dispute I was involved in 20 years ago. Never did get all the costs awarded from the neighbour, who's now snuffed it. In that case it was driven by the deceased rather than my client.

Interesting case in that evidence on the ground was taken to be more powerful evidence than all the plans available.

[Mandat]

Dr Doofenshmirtz said:

If the post is going into the ground, how is he getting past the wall's foundations/hardcore? Or is he attaching his post to your wall?
Either way - it's your property, presumably inside your boundary and he's damaging it - which is wrong. How far you take it is up to you.

Dealing with projecting foundations shouldn't be a problem or cause damage, particularly if you are only installing a post up against the boundary wall.

[EViS]

Slyjoe said:

Can't agree with this, this time. I asked him what he'd done to my wall and how he was going to put it right, all very calmly. He then went spastic and said he was cutting my stones off.
If he'd just gone 'oh goodness I'm sorry, I didnt realise its your wall, I'll put it back as best I can' it wouldnt have been a problem.
As it is now, I've got a knackered wall, which is going to have a repair, just to suit his needs.
We have agreed he can do this now, as long as the repair is good enough that my wall suffers no further damage from water or frost because the stone is cut.
I can't just have people mess my stuff up to suit their needs. His behaviour was bullying and totally OTT.
I am a picture of calm, however I just thought this was a bit much.

This thread has delivered far beyond expectations!