Garden Law Discussion

[gardenwallq]

Our neighbours who moved in to the adjoining semi-detached house in around July 2009 have been a real pain since they have moved in. When we used to say hello/morning to them it would be very hit and miss as to whether they wanted to say hello/morning back. I don't think they like ethnic / non-white people (just my opinion / gut feel). We are now not even on speaking terms.

They are playing loud music and being a nuisance right now as I type this at 2.30am in the morning! They are a family with young kids and their behaviour astounds me. I can only imagine how their kids are going to turn out! The mother is a teacher allegedly - really?!?! God help us! She was so foul mouthed when I was trying to politely discuss the extension issues with them (see below).

We had a problem with them when they were building their extension. They provided us with a notice and some very basic plans - a day before they started work. They had mentioned earlier (verbally) that they intended to do an extension. Not all of the information was included in the pages of plans they gave us - the most essential parts like a view showing how far the extension would come over to our side of the rear garden. As it turns out their original plans would have come over into our garden by well over a foot. Their argument was that is was only a very small amount in to our space and that we take a common sense approach (why can't it be a foot back into their garden in that case!). Before we had chance to even look at the plans and make comment the very next day they had already knocked down a good section of the garden wall between our properties in preparation. Anyway we had arguments with them over this and the party wall act etc. In the end they agreed to amend their plans and stay within their property/land.

They have now completed their extension - before Christmas. They have not repaired the garden wall to join back on to the new extension or at least repair it to a state that looks reasonable (so there is not a big gap exposing their garden and ours. I had sent them an e-mail just before Christmas saying I had noticed the extension was now finished and politely asking when they intended to 'fix' the garden wall and got a rather curt reply.

It is now almost middle of Feb and still there doesn't seem to be any intention to fix the wall back to it's original state. They had agreed to make it all good again when we were discussing the extension issues.

The deeds/plans for the property have a 'T' marked on their side of the boundary indicating that the wall/fence is theirs or at least is their responsibility. Does this mean that they could just leave a big ugly gap and partially remove wall between our gardens if they wanted to?

What can we do to make them put it right?

Our current home insurance doesn't include legal assistance as at the time we didn't think there would be any need for it (so didn't tick that option).

Thanks.

[ukmicky]

If the wall is theirs they can leave it with a big gap missing,

Sorry

[gardenwallq]

That's bad news as it isn't even a tidy gap! Not a straight wall. Kbocked it out so that it is a ragged slant that is missing. It even has a few bricks left in that are loose. I am sure that it will a an effect on the value of our house now.

Can't there be something that we can argue on safety grounds?

[andrew54]

You can report it to your local council on safety grounds, but the wall would have to be dangerous and about to fall down, which this wall is not. I suggest you either put up a smart fence to cover the gap, or plant a bush that will grow to cover the gap. Or do both.

Music at 2.30am should be reported to your local council. They will not do anything straight away but they will keep a record in case this gets worse.