Neighbours having an extesion and say we have to pay to remo

[lisap]

'Our' surveyor has argued it has been in 10 years so we have 'something' (cant remember the word) possession, however we are willing to relinquish it!. So I don't think they have come to a conclusion yet. The draft award is contradicting itself at mo, so will have to see what Monday brings. They one things say we have responsiblity for certain posts, but not which ones and another part says they are going to put support in for our patio. surely if they are saying they are responsible for patio they are also responsible for post!?? The line of junction notice also said removal of posts. I cant believe that their builder hasn't included this cost. they don't understand anything. The neighbour said, 'I don't want your fence', he doesn't even understand he gives it to us when he removes it!!!!!
I have to say the surveyor that we chose is brilliant but the neighbour and their surveyor dislikes him emensly. He is very thorough and precise (correcting spelling etc!) but we know he is doing the job properly and has the right qualifications and experience. Theirs is the architect technician that drew the plans and he just seems well out of his depth.

 

[lisap]

Mmm call me a suspicious old fool, but I wonder if his complaint that you are always home, means he would like to nip out and do some work while you are not around. Any chance of adding a camera to your CCTV to cover the back garden?

Otherwise sorry to say I can only offer sympathy. I have had bad neighbours in the past myself, though this was just noise, with myself and the neighbour the other side trying to get them to answer the door over the sound of Pink Floyd on full volume at 3am, it was years before I could hear “Another brick in the Wall” without seething.
It’s just as well we don’t have the US approach to gun ownership or I would still be serving life!

I know what you mean! we know every time they have had a email for m
the surveyor as the music gets turned up! They said to me that when you live in a semi you have to put up with peoples noise or go and live in a field, my reply to her was 'when you live in a semi you are more considerate because of your neighbours!
I think the laws on noise are all wrong, they don't realise the stress caused. when our neighbours have music on loud people say do it back, but im not that type of person and it would be lowering myself to their level.

 

[lisap]

I concur that whilst you should allow access on your land for maintenance of buildings, they have no right of access to construct (though a PWA will often make arrangements for this it is not necessarily the case... )quote]
Does that mean no scaffolding or moving the playhouse

 

[lisap]

https://fbcdn-sphotos-e-a.akamaihd.net/hphotos-ak-prn1/549005_10151505589818705_950909959_n.jpg

I know this photo doesn't show anything critical (that's on i'm on the laptop so no photos on here!) but This is why they aren't going to get me to move! I love my house and my garden and I have to remember they are two people amongst many more people that are lovely!

 

[luisdesign]

You need to keep a diary record of events - particularly noise disturbances as you will need this information when you make your complaint to the council.

Recording their verbal abuse as well as noise nuisances.

Log;
(1) the nature and location of the noise
(2) the time and duration of the noise

In England and Wales, 'nuisance' is defined legally as an unreasonable interference with the use and enjoyment of one’s property. Their threats would in this case could fall under 'nuisance' so you should log those too.

Under the Environmental Protection Act, councils are obliged to take reasonable steps to investigate complaints of nuisance noise (and other types of nuisance).

Within most councils, the environmental health department will have a dedicated contact for antisocial issues. Some councils have a dedicated staff who are able to issue warnings and on-the-spot fines to noisy neighbours who do not cease making noise. Failure to pay such fines can result in prosecution and a further fines!

Ultimately, if you can put together a substantial enough diary your neighbour could even be guilty of harrassment.

So, let them think that they are above the law (they obviously do not think it applies to them). But record everything and let them deal with the council... or worse, the police.

 

[kingandy2nd]

Really good advice from Luis there.

As I have previously said to you Lisa - your neighbour can only engage with you verbally if you stop and listen to it.

By the sounds of what you're saying regarding the accusations their making about your lifestyle you must be giving him the opportunity to speak at you at some lenght.

If your neighbour starts a conversation, simply tell them to put it in writing a walk off. Thus this forces them to use written communication as you don't allow them the opportunity to talk.

 

[lisap]

I know kingandy2nd. We were seeing our parents off and got caught. We are too polite and treat them like we treat everyone but I think its time to treat them the way they deserve to be treated! We just stood and took the ranting but now it is not going to happen again.
Luis, we keep a log aof all converstaion and noise already and we have just ordered a dictaphone in preparation! Spoke to our surveyer this morning and he said he has never met people like them. just unfortunate we live next to them! he says their are still major contradictions in the award, so guess another week of emails!

 

[mattylad]

If you are to allow them access to their property from your land then it needs to be agreed (and in writing) that they will put right any damage etc to return it to the same state it was in before they used your land.
Also a substantial amount should be placed in safe keeping with an agreed solicitor etc that will cover the costs of any such works should they not do so.

Should they not agree to this then I would not allow them any such access as they have absolutely no right to it. There is a possibility of them applying to the courts for access but this is AFAIK unlikely to be granted for a new extension and if so would contain the requirements for the above suggestion.

For the fence, perhaps allow them to remove it as long as they replace it back on an agreed line (and mark this beforehand) to your satisfaction. You do not need to do this as you now own the land that the fence sits on under adverse possession.

Also advise them that any further insults, verbal assaults, rants etc will result in your total objection to the whole process.

 

[lisap]

mattylad, this is how much they understand the process (or anything!!), when talking about them removing the fence as it says it will be removed in the line of junction and draft award, he said 'I don't want your fence' for goodness sake you don't keep it!! Its so infuriating!! I think we should ask for a brick wall to be built to bang our heads against!!
We would prefer them to take the fence out, and not put fence back (just supports for patio) then they can have the fence on their land. They do nothing but moan about anything we have done as its 'shoddy, cheap etc so they can have their own fence and not moan about ours!!

 

[lisap]

We have found out today, their appointed surveyor/architect has been banned from the other surveyors office for abusiveness!

 

[SimonH2]

Priceless

 

[lisap]

It's got even better but think I should tell you later as I think here maybe legal conotations now. It reads like a best seller, just wish we weren't part of the plot!

 

[kingandy2nd]

Now you can't tease us like that lisap spill the beans

 

[lisap]

Oh well, it hasn't come to anything. The form is now signed and they can start work in 2 weeks. It says we do not have to pay for fence but the surveyor doesn't think we have heard last of this yet!! It does say many times that its all at there cost so we are covered! the surveyor says through investigation it has been found that the architect/surveyor they appointed is no longer a member of the British Institute of Architectural Technologists and have never been a member of the RIBA even though he put it on the award!! There has been so many legalities and errors but somehow it got signed and completed??!!

One funny bit though, that shows the intellectual abilities of the neighbours, the award says about builders playing music, its says 'not permit the playing of any music or electrical instrument, radios etc..' the neighbour said her children were quite musical and does this mean they couldn't play musical instruments!!! This keeps my chin up when I am feeling down! You cant buy brains!!

 

[SimonH2]

Well keep an eye on them, and if the builders take any liberties outside what is permitted (and you are happy with) then feel free to just shout STOP. It may well be worth talking to the builders when they arrive to make them aware of the situation and what they are/aren't allowed to do on your side of the line - it's not unknown for details to not filter down to those doing the job.

If not already done, perhaps report the other guy to RIAT and RIBA. And also to Trading Standards ?

EDIT: A farmer friend of mine once brought construction of a bypass to a complete halt - and made the papers. It was right at the start, and the people on the ground hadn't been given sufficient details/instructions. So they were driving all over his land (flattening the grass that wasn't far off harvesting IIRC), not just the land that had been compulsory purchased.
When he saw them, he threw them off until the fences had been put up.