Problem with neighbour & my property wall

Post Reply
my garden wall
Posts: 2
Joined: Mon Nov 23, 2020 3:29 pm
Number of Posts per Page: 5
Number of topics per page: 5

Problem with neighbour & my property wall

Post by my garden wall »

I have a property boundary wall that I solely own. Adjacent to that the land had been developed and the neighbour has used my boundary wall as a retaining wall to support his made ground to which he has increased significantly (500 - 800m). He has also suggested to the Planning Officer that he would like to lift it further, therefore would be using the wall as a supporting wall. I reside in Scotland and therefore not covered by the party wall act which is a shame. I have objected to the Planning department but they take no responsibility for this persons actions despite the fact that they have not adhered to the planning conditions or levels that were passed. They are well in excess of the levels that they had originally applied for and the Planning department have signed it off as immaterial and insist this is a civil matter for me to fight. What this neighbour has done is back fill against the wall but kept the land level to my own land level but there after has increased to create a slope... therefore running the water into the wall and ensure they blocked the natural water ingression that used to take place. There are also issues of this person now encroaching on our privacy to which they are try to erect a 2.3meter fence 150mm away from the wall. I have had the wall inspected by an engineer but we can only inspect one side as we have no access to their land to inspect if there is any damage.
I have tried approaching a lawyer but they don't see any issue until there is any damage, should I just ignore what this person has done and hope I have sold up and moved on? Or should I be dealing with matter just now, I have no fail in our Planner as he appears to be lead by the applicant.
despair
Posts: 17597
Joined: Mon Mar 14, 2005 7:07 am

Re: Problem with neighbour & my property wall

Post by despair »

I presume there must be a way to put the neighbour "on notice " that his actions are illegal and that he has no permission to use your wall
That its not been constructed as a supporting wall and that his actions witll cause damage and threaten its integrity and that all responsibility rests on him


I thought such issues were a Responsibilty of Building Inspectors but maybe Scotland is different

Is the neighbour simply a developer who will land the purchaser with this issue ?

You need clear legal advice from experts in Scotland
my garden wall
Posts: 2
Joined: Mon Nov 23, 2020 3:29 pm
Number of Posts per Page: 5
Number of topics per page: 5

Re: Problem with neighbour & my property wall

Post by my garden wall »

You are correct, the developer is looking to make a quick buck and land the problem on someone else. Our Planning & Building Control department are shocking and nothing more than admin pencil pushers. The developer has breached all of the conditions set but that's not an issue and we are talking about a build that has taken a piece of land that had a burden to build a max one & half storey.... instead it is an oversized two storey that breached the plans and conditions he submitted. So gives you a flavor of the cowboys that are involved!

I have tried phoning around various lawyer, paid money to one to read the missives then she decided she didn't have the knowledge/experience to take it forward! House insurance will not cover as it is a planning issue... So my thoughts are to send the neighbour a letter documenting that he is trespassing and will be liable for any future damage... I still have the on going issue of no privacy and that remains a battle with the council.

I have written to the Director of Development with the engineers report & findings... are you surprised that they have not responded.... therefore not allowing me to take it forward. I have landed that one on the Information Commissioner to investigate!

But thank you for confirming that this is a planning/building control issue and that they are not taking their positions seriously.
despair
Posts: 17597
Joined: Mon Mar 14, 2005 7:07 am

Re: Problem with neighbour & my property wall

Post by despair »

As far as your insurers are concerned its damage to your property by the developer

Yes planning /building regulations are being ignored and the council is not taking the action it should but its the damage to your sole oroperty that is what involves your insurer

Report the Council to the Ombudsman

Your insurers must sue the developer for his illegal piling of soil etc against your properrty and the damage its causing
That means the whole sale of the house is in dispute and has to be declared

You need to ensure warnings in writing are given to any estate agent , potential buyers

Any buyer will then be responsible too
Post Reply