neighbour built chimney on my garden wall

[AronSearle]

They are in thr wrong.....need planning permission for it. Its our wall so need permission.

Planning permission or lack of has nothing to do with your objections, why pretend otherwise?

And there is much worse they could do without any requirement for planning permission.

You already acknowledged permission would likely be granted, so why get worked up about it?

Its all confidential. We back onto farm land and have alot of dog walkers pass by. Could of been anyone as far as they are concerned. No proof is us.

Yea sure, lol.

 

[Burnerman]

Presumably Ann you were friends at one time......if he built the wall for cost?
God forbid if you fall out to such a degree that he plants a leylandii forest just for spite - it does happen!
I'm not taking sides here as it's none of my business, but I do know it's best to compromise - without backing down too far.
I understand your plight.
John

 

[ann1234]

Presumably Ann you were friends at one time......if he built the wall for cost?
God forbid if you fall out to such a degree that he plants a leylandii forest just for spite - it does happen!
I'm not taking sides here as it's none of my business, but I do know it's best to compromise - without backing down too far.
I understand your plight.
John

We only have tiny gardens so prob wont do that. Wasnt that friendly b4 all this.

 

[Burnerman]

Can I ask why he did the building for free?
He's obviously had this creation in mind from the start, but he could have still made a profit from you.
A spiteful neighbour is a bad enemy - but I won't run from a bully, either.
John

 

[ann1234]

Can I ask why he did the building for free?
He's obviously had this creation in mind from the start, but he could have still made a profit from you.
A spiteful neighbour is a bad enemy - but I won't run from a bully, either.
John

 

[ann1234]

Can I ask why he did the building for free?
He's obviously had this creation in mind from the start, but he could have still made a profit from you.
A spiteful neighbour is a bad enemy - but I won't run from a bully, either.
John

Our fence was falling down so needed replacing after bad wind. He knocked and suggested him building a wall and us just paying for the bricks. He may of made a profit out of the brickd as he could of got them cheaper than he told us seeing as hes in this trade. He said seeing as we get alot of wind in the garden as we have opening fields behind us will be doing both of us a favour to a wall to be there. After he started the wall he said he was going to build a cooker his side. He didnt say how big. We didnt dream that he would do it so big. He didnt ask permission.

He started the wall march 2014. Built it up to 6 ft, he said he was going to finish it nice along to top so that is all that needed to be finished as far as we knew. March this yr he put the finishing bricks on and built that chimney.

 

[AronSearle]

Profit?

£250!

No!

We didn't dream that he would do it so big. He didn't ask permission.

Why should he ask your permission, he built it on his land yes?

but I won't run from a bully, either.

Who is trying to dictate to who, what should and should not be allowed on someone's else's property?

 

[freddiemercurystwin]

It needs planning permission, its too tall. Anyone with half a brain can see it looks awful. Though it will never be enforced against as previously mentioned. The planners have (unfortunately) pacified the OP into thinking they won't be able to sell. They will be able to sell because they will just be able to purchase a (pointless) indemnity insurance when they come to sell. Or they will just remove it to get the sale through.

They needed permission from the OP because the wall is on the OP's land and ultimately the OP owns it, despite that fact that the neighbour provided the labour to build it. So the neighbour cannot lawfully attach anything to the wall, like a chimney!

If the OP wanted they get a court judgement that the chimney be detached from their wall. But that will cost £££'s. And as previously mentioned the idiot of a neighbour will just build another one an inch from the boundary, probably even taller.

AronSearle, you're a funny one, you post some good stuff on here but every now and then you seem to get a a bee in your bonnet and come across as a bit of a tool.

 

[ann1234]

Profit?

£250!

No!

We didn't dream that he would do it so big. He didn't ask permission.

Why should he ask your permission, he built it on his land yes?

but I won't run from a bully, either.

Who is trying to dictate to who, what should and should not be allowed on someone's else's property?[/quote

Its still attached to my wall. So i guess u wouldnt mind this happening to you. Its a bloody cheek i think. I wouldnt do this to anyone. They have only thought of them selfs.

 

[AronSearle]

Anyone with half a brain can see it looks awful.

People with more than half a brain like modern art.......

You can't get worked up about things 'looking ugly' when living in attached properties, nothing productive will come from it.

Its still attached to my wall.

don't pretend this is anything other than 'he did something you don't like'.

You acknowledged this is virtually lawful. what if he built it 1cm off from your wall, what would you object to then?

I wouldnt do this to anyone.

Wouldn't do what to anyone, what has he actually done to you?

Can you materially quantify any harm?

 

[freddiemercurystwin]

Anyone with half a brain can see it looks awful.

People with more than half a brain like modern art.......

You can't get worked up about things 'looking ugly' when living in attached properties, nothing productive will come from it.

Its still attached to my wall.

don't pretend this is anything other than 'he did something you don't like'.

You acknowledged this is virtually lawful. what if he built it 1cm off from your wall, what would you object to then?

Object on the grounds that it looks awful and its illegal development and that it's illegally attached to the OPs wall. Of course if someone built directly onto your party wall that you owned you'd not give a hoot. Now I must apologise though, to all of those who only have half a brain as I have insulted them, for you only appear to have a quarter of a brain.

 

[AronSearle]

Sure, object on the grounds that it looks awful, which standard for aesthetics will you be applying your objection under?

Party wall, no, brick fence.

I'm simply being pragmatic, unlike you, if he wants to keep it nothing will ultimately stop him.

People can do all kinds of things you might object to based upon 'it is ugly' which is really another way of saying 'I demand that others do what I deem acceptable on their land', again, good luck doing anything productive with that attitude.

Ultimately you could spend a great deal of time and effort getting him to remove it, for him to simply re-build it 1cm away from the wall, which achieves what exactly?

 

[WalksWithTurkeys]

Sure, object on the grounds that it looks awful, which standard for aesthetics will you be applying your objection under?

Party wall, no, brick fence.

I'm simply being pragmatic, unlike you, if he wants to keep it nothing will ultimately stop him.

People can do all kinds of things you might object to based upon 'it is ugly' which is really another way of saying 'I demand that others do what I deem acceptable on their land', again, good luck doing anything productive with that attitude.

Ultimately you could spend a great deal of time and effort getting him to remove it, for him to simply re-build it 1cm away from the wall, which achieves what exactly?

It is not clear to me the status so the OP might do well to contact the Land Registry and Citizens Advice for clarification. Apparently it is NOT a party wall, it is on the boundary for which the OP is responsible. Therefore he has no right to build anything there. The OP asked him to build a wall, providing the bricks. Does the OP have a written agreement, or receipt? If not, after 10 or 12 years (I forget) the neighbour could end up claiming that he owns the wall and it is on his land. Unless the OP can prove that he paid for the wall to be built. As to the chimney, that is illegal, but getting it removed might be expensive. The courts are awful when it comes to boundary disputes, really it is a job employment scheme for greedy and conniving lawyers. I know, I've dealt with some of these leeches. Some are honest, but many act in an immoral manner, they know how to play alond and pocket the dosh. The law is unclear and expensive to apply.

 

[ann1234]

Sure, object on the grounds that it looks awful, which standard for aesthetics will you be applying your objection under?

Party wall, no, brick fence.

I'm simply being pragmatic, unlike you, if he wants to keep it nothing will ultimately stop him.

People can do all kinds of things you might object to based upon 'it is ugly' which is really another way of saying 'I demand that others do what I deem acceptable on their land', again, good luck doing anything productive with that attitude.

Ultimately you could spend a great deal of time and effort getting him to remove it, for him to simply re-build it 1cm away from the wall, which achieves what exactly?

It is not clear to me the status so the OP might do well to contact the Land Registry and Citizens Advice for clarification. Apparently it is NOT a party wall, it is on the boundary for which the OP is responsible. Therefore he has no right to build anything there. The OP asked him to build a wall, providing the bricks. Does the OP have a written agreement, or receipt? If not, after 10 or 12 years (I forget) the neighbour could end up claiming that he owns the wall and it is on his land. Unless the OP can prove that he paid for the wall to be built. As to the chimney, that is illegal, but getting it removed might be expensive. The courts are awful when it comes to boundary disputes, really it is a job employment scheme for greedy and conniving lawyers. I know, I've dealt with some of these leeches. Some are honest, but many act in an immoral manner, they know how to play alond and pocket the dosh. The law is unclear and expensive to apply.

We have know receipt. Abit concerned what you said about hin being able to claim it as his wall. How can he do that if its in my land?

 

[bernardgreen]

The chimney strongly suggests there is a fire place. I am not 100% certain but I am told that there are building regulations that apply to a fireplace in a wall on a property boundary. This from a situation when a fire place in a renovated cottage was opened up and open fires lit. The external wall became hot and was seen as a hazard to the neighbour's use of their garden. I suspect "hot" was more like very warm and may only have affected plants growing on the trellis fitted to the wall. Never the less building control were informed and the fireplace had to be modified.