Building owner has made a complete mess of my garden

Building owner has made a complete mess of my garden

Postby sam99 » Thu Mar 24, 2005 12:17 am

The building owner next door has started work on his (replacement) external wall to his extension, which adjoins my garden. My garden looks like a bombsite at the moment - There's a mountain of rubble and dirt from his demolition works, plus he's parked his mini JCB digger in there too.

I know as an adjoining neighbour under the party wall act (which he served) I have to allow him and his contractors access via my property, but is he really allowed to make a complete mess of my garden and store his equipment there as well? Or do I have to just grin and bear it?

Any advice would be greatly appreciated. Thanks
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Postby despair » Thu Mar 24, 2005 9:02 am

Sounds totally and utterly unreasonable to me

access is access not a builders yard

Sounds like you have one hell of a case for compensation
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Re: Building owner has made a complete mess of my garden

Postby Maverick.uk » Thu Mar 24, 2005 2:06 pm

Under the party wall act you do not HAVE to allow access to my knowledge at all. Sounds as though some wires have been crossed to me.

What agreements have you made in relation to his building this extension?

Regards

Mav
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Postby sam99 » Thu Mar 24, 2005 3:29 pm

I'm pretty sure that, because he has given us notice, we pretty much have to allow the builders, surveyors, etc. access as required in order for them to carry out the works. To obstruct them would be an offence.

I don't object in principle to the work being carried out (it needs doing). It's just that I think he's taking it a bit too far with all the mess he's created, etc.

The party wall act says that the adjoining owners (me in this case) have a right not to suffer any "unnecessary inconvenience". My question is does filling my entire garden with rubble count as an unnecessary inconvenience in the eyes of the law?

regards
Sam
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Postby despair » Thu Mar 24, 2005 4:39 pm

Commonsense says that of course the mess the builders have created counts as inconvienience problem is what will a judge say

A large % of builders are the most untidy messy beings on the planet who take untold liberties and respond with mouthfuls of abuse when challenged ............hence a judge might say "what do you expect "

However its the neighbour who has a contract with the builders and its the neighbour who should be on top of them ensuring they stick to the rules

If after having words with the neighbour sees no change then can you not simply shift all the rubbish etc and dump it on the neighbours drive

That might focus minds
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Postby Maverick.uk » Thu Mar 24, 2005 7:37 pm

Sam

I dont know how plainer to say it, if you have not made a specific agreement with your neighbour re access then they have no rights to under the party wall act, to my knowledge.

Having said that the information provided in the explanatary leaflet says that you are better allowing access so that walls etc are finished properly.

If agreed to the notice you have only accepted your neighbour building what/where he is building not agreeing to access. What did the notice specify?

Dont confuse the party wall act with acess to neighbouring lands act, which incidentally could not be brought into play in this case as it is an extension.

Regards

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Postby gardenlaw » Thu Mar 24, 2005 9:57 pm

Whatever else the builder has to make good the damage caused, but your recourse is to your neighbour. Get some quotes to put it back as it was. Do you have photos showing that?
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