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[Michael2.6]

Any one ever had party wall dispute with neighbour?The witch never stuck to plans and never asked our permission.
now we stuck with a overhanging guttering box of 18inches and waste pipes on our side, she wont remove it and we have a solicitor who we have wasted 3grand with and 8months of hell. council never checked it at start and passed it. she hasnt a solicitor and has no stress!we now trying to build extension that will now be joined to hers and we need guttering removed to finish it, she kicking off at us!she tells us to move house so it less hassle for her, bare in mind we let her put scaffolding etc in our drive and this is how she treats us. HELP!! 

[Mr Skrunts]

Look up the building regs and then get a different inspector out.

We had an extention built in the early 70's and the inspector complained about the footings that had been dug, our builder argued he was with the guidelines but the he had to obey the inspector, he did the work, inspector still was not happy, bulder complained, another inspector turned out and past them straight away, when questione by the builder the work was 100% the 1st time round.

As I say another inspector may make your neighber remove the guttering (even better one you look into proprley they may be made to remove the over hang if you prove to be right.)

[redelitev6]

Defo get a building inspector from the council, they should have checked it off at various stages , if they haven't ,it's time to raise merry hell!

[freecall666]

my uncle had some building work done and the regs says has to be 18inches for accompanied house or structure main roof tiles and walls dont apply unless they dont comform to the origial building. dont know if it the same all over but thats what was on the form he filled out to do his extension.
and any one that dose not comply to the regs and building reg that were drawn up can have the said building taken down until it is in the way the drawing were setup. have it check out see what they say.

[geoffr70]

Fill her in

[Michael2.6]

thanks for all advice council are waste of time, i have made their life hell and spoke to the numpty who was in charge, well i mean shouted at him!they have signed the build off so we cant touch it. I love the advice, fill her in! my thoughs exactly.
worth thinking about when we start our extension and digging the founds out, accidents happen! that cheered me up 

[mantahatch]

I come under Eastleigh Borough Council and all planning applications can be viewed online. I have also read that there rules state that no part of an extension or new build can overhang another property. Planning permission can be granted for your property by someone else, it does not mean they can build on your property.
For example you have a large property and builder enqures to buy your house, he can apply for planning permission for what he wants to do, and he may get planning permission. It does not mean you have to sell your property to the builder.

I suspect the architect/builder/council/building regs have made a big mistake here, Have you tried a no win no fee solicitor ?

If it where my house I would give 14 days to remove anything on my property, then I would remove it myself, carefully and causing as little damage as possible. I suspect this would be when the police would arrive. They cannot stop you doing work to items on your property so long as you are not endangering anyone.

I had a similar issue many years ago. I put up an extension, and when measuring, my neigbours conservatory roof was overhanging my side, I gave him the 14 days notice. and then I removed the offending bit. We never spoke again. But I did hand the bit back undamaged, and carried on with my extension. I watched him very carefully when he fixed his roof.

Good luck, and don't give up if you are right. There are far to many people out there who try to take advantage of people, and this is what they have done to you.

Just looked at your local council planning site, it looks very poor to me. Like they don't want to give out information.

[Michael2.6]

Thankyou thats exactly what we have said, every one who had a part in building the mess we have to look at every day is to blame, and our neighbour is the main culprit, she a very devious evil bitch, we have lived here 24years, she has been their 2years and she has acheived alot at our cost, taking our eyes out and going back for the sockets!she will not co operate and claims she owns the wall she greedily built on to as she told us make her bedroom bigger. also at the time she moved next door we had our house up for sale, and when it all kicked off between us and we noticed she had not gone with original plans, that by the way would have been 9inches away from the party wall and that would have been ok, but now what a sight we have hanging over our drive, her answer, why are you bothered? you are moving! that alone speaks volumes. no one has helped us and she just playing games with us. we had people view our house but that put them off, now we trying to go ahead with an extension and she objecting and twisting the knife in. we need advice, and like you say a no win no fee solicitor, just frustrating that with our solicitor we no further forward than 8months ago. and yes i want remove it myself but then we get done! any ideas?we come under durham county council and i would like every one to see what she done

[Taxi_Driver]

If it where my house I would give 14 days to remove anything on my property, then I would remove it myself, carefully and causing as little damage as possible. I suspect this would be when the police would arrive. They cannot stop you doing work to items on your property so long as you are not endangering anyone.

I think i would do the same but also hand the removed items back to her 

[Marks DTM Calib]

The neighbour should be contacted in a formal and legal form requesting evidence that you the property owner have entered into a written agreement that the guttering/eaves are permitted to overhang your property......planning plays no part on legal trespass issues.

Sounds like a crap solicitor to me, your need somebody who has legal knowledge of such things

[paul.lovejoy]

if i am not mistaken your neighbour can not build on any of your land which clearley the foundation would be and assume gutter fascia soffit is if the brick wall is directly on the boundry line without your written consent

dont think it is necesarily comes under the party wall act , the council planners and building control would not really be interested as  i think would be deemed as a civil matter between you and your neighbour. if now you want to build an extension on your boundry you would need a party wall agreement

Unfortunatley if i am right i dont think the council will offer any assistance even though they approved plans and construction method

some basic info on part wall act attached link

http://www.planningportal.gov.uk/uploads/br/BR_partywall_explain_booklet.pdf

i have come across this situation before but generally both neighbours accomodate each others needs but generally i never build on the boundry line where possible

dont think there is much you can do other than take civil action or eat humble pie and see if you can reach agreement with her , from what i know i think the cards are in her favour as she built her extension first as crazy as it sounds...........will do a bit of digging and see what i can find out

[paul.lovejoy]

and what Mark said think you have a bad solicitor proceedings should have been issued long ago etc

[paul.lovejoy]

also what part of the plans has she not stuck to

[paul.lovejoy]

option B would be to build a nice raised rockery flower bed against her wall could make her a little damp

[Michael2.6]

yes me and the wife agree we have a crap solicitor, and hasnt took enough money off us to get it removed. and my answer to the council when they keep telling us its a party wall dispute, is well if you had took your blindfold off and spotted it at the start it wouldnt be any dispute, and stevie wonder would have done a better job seeing it! my neighbour apparently didnt realise what had happened!wait i have just seen a pig fly past!bullshit she knew what she was doing, my wife wont ever forgive or forget this, so she tells me every day, and wants to smack her big head in! when it rains we dont need a brolly we just stand underneath the boxed guttering, it wide enough. well you know what they say, what goes round, comes round,bide our time.
we have contacted a surveyer today, another 200quid to find out who the wall belongs to, and she states it hers, but if she going off her house deeds it wont stand up in court we were told. there was a hedge but now it replaced with a dwarf wall that been their 10years. she must have tape measure in her hand all the time cause she reckons all the driveways are different sizes. she a clever get, and the wife says she would rather eat our cats shite than eat humble pie and beg her to be nice to eachother! will keep you all up to date what happens, keep watching crimewatch!