Party wall and possible injunctionn

[may333art]

I have a kitchen wall which is a party wall with my neighbour's garden the other side of it. the houses are victorian and the roof of the kitchen was on a downward slope away from the party wall. 13yrs ago I raised the roof and extended the kitchen across the back of my house forming a normal apex roof. The builder built an internal gulley this side of the party wall but this was at the wrong angle and fed water towards the house!!! He then died!! I have had various work done to remedy this but finally a builder suggested that I ask my neighbour whether I could erect guttering on her side of the party wall. This was agreed and has been in place for about 4yrs. During this time we have fallen out over her hitting my car[I was not in it at the time] but she thinks that I had more work done on it than was necessary, I did not have anything to do with the work which was organised with the garage and her insurance comp.Now she has sent a solicitors letter asking for the guttering to be removed saying that she did not give permission and that the builder trespassed to do this, getting over the garden wall. He fortunately had a workman with him and this is not an issue as they can both testify. This has cost me considerable money though I realise that I have to remove it and have agreed to do this. The best solution according to builder is to raise the party wall by 3 tiers of bricks in order to build a gulley along against the wall on my side. She says that this will reduce her light and that she will serve an injunction to stop this. However her kitchen windows are not opposite this wall and she has placed a clear corrigated plastic sheet covering half of the length of the wall over her area outside her kitchen door. I have now served a Party Wall notice and suggested that we share a Surveyor to help solve the problem. I doubt that she will agree. What do people think the court will judge, if it gets that far?I am a pensioner and do not wish to go to litigation even if I win, it would not please me if she incurred a huge debt through litigation either but she is not a rational person.Help.

 

[Nakajo]

Well, you ask what we think so it's only guess, and it could be entirely wrong, however... courts tend to take a dim view of frivolous injunctions.

While we only have your half of the story to go on, it's clear that you are attempting to rectify a daft situation in a reasonable manner.

I suspect that your neighbour would be unwise to pursue this course of action - but I appreciate that it's an extremely stressful process regardless of the result.

BTW, it's a bit easier to read if you break the text up into paragraphs, with a couple of 'carriage returns' in between.

 

[chappers]

you have served her with a PW notice, she now has the right to use her own surveyor, who should advise her accordingly. I very much doubt he would advise her to go to court over 200 odd mm. However do tread carefully in case they try to throw in a light deprivation assessment into the surveyors costs.

 

[motorbiking]

Why didn't you dispute the letter saying permission was granted? She'd have difficulty given she did nothing for 4 years. of course she can revoke the permission, but it puts you on better standing.

 

[may333art]

I did dispute this, this has been going on since last August. {She has been sending other letters through the solicitor which have now stopped because they were a catalogue of lies and I informed the solicitor I would report him to the Solicitors Regulation Authority if he continued to send them} I have n't mentioned them here because they don't relate to the roof. Myself and the builder disputed it immediately but she can always change her mind about having the guttering there and she is out to make as much mayhem as possible. She has had disputes with at least 3 other neighbours. So you get the message. She is saying that her light would be affected but she has this clear corrigated plastic over half of that area and he kitchen windows are not directly opposite this part of the party wall. She has told my neighbour on the other side that she is out of money and is borrowing to do this and both types of letters sent refer to her claiming damages from me for 'spoiling her enjoyment of her property'. Do any of you with experience of court procedures think that I am likely to have to pay costs bering in mind that I am not refusing to move the guttering but trying to ensure that my building is water proof. She has already cost me over £1000 by allowing the guttering and now making me take it down.

 

[^woody^]

It's not a party wall by the sounds of it, so a notice will be invalid, and you can raise your wall as you please under permitted development or because no permission is required, and no court could injunct against that.

But can you post a picture of the situation?

Gutters are not a requirement for roofs.

 

[may333art]

It is a party wall which she owns 50% of according to her deeds dated 1948. My deeds go back to when house was built in 1867 but none of them mention that it is only 50% mine and since it was my kitchen wall I did think that it was my wall. I don't think that I can send pics, dont have the technical skills. When the builder put the guttering up he put a 'former' on the roof , so it does overlap her side of the wall but until all this started I had no idea because I don't see it from her side only from the back bedroom. With regard to not having guttering I realise that but we have a roof that is on the wall and the slope is towards the house, we need to create a space between the end of roof' once the former is moved. So build up the wall and it will work. I guess we could build up 50% on my side and just put a waterproof skin through to waterproof the wall on her side but how much can she interfere with this? Also what is ' a light depravation assessment'? and would I have to pay for this. I do thank you all for giving this some thought because I know nothing of law or building and thus get advised by builder, who I do trust but it is n't his problem when things go wrong.

 

[motorbiking]

nobody can advise you qualified or otherwise from this distance. it sounds like she's seeking damages for the damage and encroachment. however it also sounds like you were ill advised to build on her wall. it's hers at the end of the day and she'd be stupid to allow it. Yes if she sues you and wins you'll have to pay costs if it's high court. If she's asked for an amount to settle. you'd be wise to counter offer to limit her ability to claim costs.

has she issued proceeding against you?

 

[may333art]

The wall is a shared wall and she allowed the guttering to be placed there,on her side, I have agreed to move it because I know how vexatious she is and she is entitled to change her mind and it is her side of the wall. Its just that the builder believes that the best solution is to make the wall 3 bricks higher , either on the whole wall or just on my half but this seems a problem for her. i have served a party wall notice and have suggested that we share a Surveyor to mediate and that we share the cost. I now wait for her reply but I know her well enough to know that throughout the whole of this process she has been wanting to 'gain compensation for the fact that i am not letting her enjoy her property'. She caused criminal damage and trespass in another neighbours house and had to pay for the damage to avoid court, its hard to explain just how contentious she is. I do not argue that I need to move the guttering and have been given till May to do this, through her solicitor. She wanted it moved within two weeks. This has all kicked off again because I have just explained what the builder suggests, she immediately threatened an injunction.

 

[endecotp]

Move.

 

[Ian H]

Stick her under the patio.









Same as you did with the first builder

 

[may333art]

Thank you for lightening the mood---it is getting to me I must hope that rationality prevails.I am 77yrs old ---too old to move.

 

[Doggit]

If the wall was shared at one point, then that implies that the kitchen would have been built at a later date, but if it's part of the original house, she can't own 50% or your kitchen wall. Have you seen a copy of her deeds that state she owns half of the wall; you should be able to download a copy of the deeds from land registry for about £4.00

Garden walls normally belong to one party, not often both, and if Woody is right, and guttering isn't a necessity, then maybe you just remove it, and let her deal with the noise of the rain hitting her roofing. I believe that she doesn't have the right to refuse you access to her property to do maintenance to your property, and if it is your wall, then you can raise it, and she's stuck, or rather than raise the wall by three bricks, could a lead gutter be installed that has an upstand on your side of the wall.

Have you spoken to a solicitor over this, as an initial consultation is often free; and have you considered asking the police fr advice, as she's getting close to anti social behaviour.

 

[may333art]

Yes I did believe that, since it is my kitchen wall [ originally normal victorian house with galley kitchen at end ] and simply a wall in her garden. I always believed that the left hand side of house, where my kitchen is was my wall. When I built my kitchen extention over to the right we place a wall parallel to the party wall next to my other neighbour because we thought that that wall was his.However it says on her deeds of 1948 that she owns 50% of it. Nothing on mine going back as far as 1867. Through her solicitor she has said that when guttering gets removed the builder can have access---the only contention is the building up of wall. I'm not going to use a solicitor until I get a court summons.

 

[Doggit]

Do you have legal insurance on your house insurance, as that will help you deal with her. It is possible, that some advice from a solicitor may well help you nip this in the bud. If she decides to take you to court, then you've got to have a solicitor representing you, whereas a quick letter fired off now, may stop it getting to that stage. And if the advice is a quick free initial consultation, then you've got nothing to lose.

I can't understand why her deeds would give her half ownership over your wall that constitutes part of your house, or is it a shared garden wall that starts at the end of your kitchen, and because you're kitchen wall forms part of her garden, she then assumes that she owns part of your kitchen wall. But again, have you seen a copy of her deeds.