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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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We have had a Party Wall Issue where our neighbour built the

Customer Question

We have had a Party Wall Issue where our neighbour built the previous Party Wall on our land and subsequent middle wall along the same line going all the way down. He told us he was going to build an extension one week telling us verbally, but it was US who then had to inform him that he had to give us more time to agree to it and to look at the options, one which was that he must send us a Party Wall Notice and then a Party Wall Agreement would be drawn up by an Agreed Surveyor. We instigated everything. We are now having problems with his builders who have chipped our new window whilst doing the work and who have encroached on our land when my mother told them they could do so only when 'finishing off the wall'. They want to come on our land to actually build it, when they can easily do it from our neighbour's side. It is getting close to us calling the police and the neighbours and builders have been very intimidating and rude towards us. They have also drilled away some of patio, which is where the previous wall was NOT and they did NOT ask our permission to do so. Can they encroach on our land without our permission and can we write to them asking them to take back the middle fence now, so it is also on the correct boundary line (where it should have been originally), as they built on our land illegally? The old fence is also falling down onto our side (without touching the ground) and the bushes are overhanging on our land. Can we cut them back? It is a nightmare with them and we desperately need to know where we stand what we can do.
Thank you for your help.
Gareth Fosberry.
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Your site advised yesterday that someone was looking at it so I'm surprised you're still searching fro someone. As I wanted a response fairly quickly, can you refund me for the 'low' response time rate you quoted as I asked for 'medium' response time and I would still like my question answered. Thanks.

Expert:  Nicola-mod replied 2 years ago.
Hello,
The system allocates questions automatically when the Experts look more closely at a question they may realise that it is not their area.
Please let me know how much you would like refunded and I will expedite it for you.
In the meantime we will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

I will go for the slowest response time then please which I believe costs £13 meaning a refund of £15. I look forward to hearing from one of your experts soon.

Thanks.

Expert:  Nicola-mod replied 2 years ago.
Hello,
I have processed the partial refund for you.
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Yes please continue searching. How long does a 'low' response time normally take?

Expert:  Nicola-mod replied 2 years ago.
Hello,
I'm afraid JustAnswer cannot guarantee a time but most questions are answered in a timely manner.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Buachaill replied 2 years ago.
1. I appreciate your concerns with the situation. However, firstly, you can cut back any branches of the trees which overhang your property. The law is that you can cut the overhanging branches back to the midpoint line of the boundary. You can do this yourself without asking your neighbour's permission. 2. Secondly, whilst your neighbour is carrying out repair or alterations to his property, you are better advised to give him permission to do so. There is provision under the Access to Neighbouring Land Act, 1992, and subsequent Acts of Parliament to go to court to compel access if a neighbour is not minded to give access. So I would advise you simply to allow access to workmen so that the works can be done, as it is not possible to legally defend refusal in court should it come to that.
3. You should also write to them and ask them to put the fence back on the middle boundary line if this is what you wish. As you seem familiar with the law in this area and know the correct position for the fence, you should write and formally request this is writing. They will be bound then to reinstate the Party Wall.