Cyberprog
Well-known member
You could rightfully get someone in to drive some piles and secure the whole thing and bill the neighbor for the hassle.
JD450A
Feral as Fk 🐾
I wouldn't worry about your drive slipping Grah.... there responsibility to make good not yours. Get the Legal on it ASAP.... same with that roll on off blocking your right of way!
V8Druid
do it as well as you can,but learn to do it better
I had considered it Alex, but have water pipes in there .... I need a chat with Alun .... the main issue i can see is that although PWA is very clear as regards rights, terms and protocols, it has virtually no teeth,
other than giving me the legitimate right to seek an injunction to desist and employing/enacting the dispute resolution process, which is pretty convoluted and slow. any need to pursue damages would require further legal proceedings ... you posted whilst I was responding to Alex, above, Rory .... TBH having the drive slump would sort of be the best thing to happen to it, as I could then really nail the t**t, without getting any ear ache from Pam, who is also livid .. but just wants to see it back up ASAP
... and wouldn't look the c*n* with the builders, for halting their job, 7 weeks 'fore crimbo I know what Alun's gonna say ..... ' nail the bar steward .. I'm on it '
Cyberprog
Well-known member
S7 of the PWA is clear about liability for damage.
www.legislation.gov.uk
Indeed subsection 3 even covers shoring - cost to be bourne by the transgressor!
Party Wall etc. Act 1996
An Act to make provision in respect of party walls, and excavation and construction in proximity to certain buildings or structures; and for connected purposes.
Indeed subsection 3 even covers shoring - cost to be bourne by the transgressor!
K
Komatsu
Well-known member
As bad as it all is Gra, I have to agree with Pam, just get the wall back up and be done with it. Like you say the PWA virtually has no teeth, and lets be realistic, if he’s not bothered about cracking on and doing something like this and lying to the builders about what can get done, he’s certainly not going to be forthcoming in paying any compensation out right, and something like this would/can drag on for years, and the only person it will get to is yourself, cos he’ll have his wall and won’t give two hoots about paying the cost by drips and drabs. never mind the cost of putting piles in to shore it up
, (which to be fare, looking at the pictures would be completely over the top , think you’d be laughed at if you put a bill in for something as extreme as that.)
I’m very surprised that you hadn't gone for a nosey before it got to this stage to be fare, to see what was going on. On the plus side the builder seems to have a tidy going on so I’d expect the job to be a quick and tidy one.
Like i said, I do feel for you, but sure you have way more important things to be worrying about. It’s not as if he’s not doing anything about it or just put a 40ft container there. Hopefully the wall will be back up and everything reinstated with in a couple of weeks....what goes around comes around, so I’m sure you’ll get your day
, (which to be fare, looking at the pictures would be completely over the top , think you’d be laughed at if you put a bill in for something as extreme as that.)I’m very surprised that you hadn't gone for a nosey before it got to this stage to be fare, to see what was going on. On the plus side the builder seems to have a tidy going on so I’d expect the job to be a quick and tidy one.
Like i said, I do feel for you, but sure you have way more important things to be worrying about. It’s not as if he’s not doing anything about it or just put a 40ft container there. Hopefully the wall will be back up and everything reinstated with in a couple of weeks....what goes around comes around, so I’m sure you’ll get your day
K
Komatsu
Well-known member
It says “in proximity to certain buildings or structures”.....no buildings or structures, you’d very much struggle with that.S7 of the PWA is clear about liability for damage.
Party Wall etc. Act 1996
An Act to make provision in respect of party walls, and excavation and construction in proximity to certain buildings or structures; and for connected purposes.
Indeed subsection 3 even covers shoring - cost to be bourne by the transgressor!
J
Jimoz
Well-known member
I agree with above I've seen people ruined by legal action even when they're in the right. I'd just let them carry on and get it sorted with a decent wall. See what your solicitor says I suppose
JD450A
Feral as Fk 🐾
I was of your opinion, but unfortunately the past few years of aggravation involving a boundary has taught me to fire the money to the solicitor first thing.... when it goes south it costs far more than a warning shot across the bow. That's personal experience, but If Grah had fired in the f**k with a letter about the RoRo when it first appeared then the chances are that it would all of come to a grinding halt long before the undermining.
Whether it's now too far down the road to deal with is another thing entirely, but it's worth talking to a trusted legal expert to determine the best way forward.
7-3 Of the PWA is the most relevant thing atm
Regy53
I like cake
I Personally would just seek legal advice immediately and let legal sort it so that if it goes wrong your covered having done the right thing. Also it means that everything is done correctly by you, your neighbour and the builder. Terrible situation to be in but if your neighbour is that much of a pleb then beat being covered
Cyberprog
Well-known member
I can't see that in the bit I linked to?
K
Komatsu
Well-known member
It’s in the first sentence.
Cyberprog
Well-known member
Compensation etc.
(1)A building owner shall not exercise any right conferred on him by this Act in such a manner or at such time as to cause unnecessary inconvenience to any adjoining owner or to any adjoining occupier.
(2)The building owner shall compensate any adjoining owner and any adjoining occupier for any loss or damage which may result to any of them by reason of any work executed in pursuance of this Act.
(3)Where a building owner in exercising any right conferred on him by this Act lays open any part of the adjoining land or building he shall at his own expense make and maintain so long as may be necessary a proper hoarding, shoring or fans or temporary construction for the protection of the adjoining land or building and the security of any adjoining occupier.
(4)Nothing in this Act shall authorise the building owner to place special foundations on land of an adjoining owner without his previous consent in writing.
(5)Any works executed in pursuance of this Act shall—
(a)comply with the provisions of statutory requirements; and
(b)be executed in accordance with such plans, sections and particulars as may be agreed between the owners or in the event of dispute determined in accordance with section 10;
and no deviation shall be made from those plans, sections and particulars except such as may be agreed between the owners (or surveyors acting on their behalf) or in the event of dispute determined in accordance with section 10.
(1)A building owner shall not exercise any right conferred on him by this Act in such a manner or at such time as to cause unnecessary inconvenience to any adjoining owner or to any adjoining occupier.
(2)The building owner shall compensate any adjoining owner and any adjoining occupier for any loss or damage which may result to any of them by reason of any work executed in pursuance of this Act.
(3)Where a building owner in exercising any right conferred on him by this Act lays open any part of the adjoining land or building he shall at his own expense make and maintain so long as may be necessary a proper hoarding, shoring or fans or temporary construction for the protection of the adjoining land or building and the security of any adjoining occupier.
(4)Nothing in this Act shall authorise the building owner to place special foundations on land of an adjoining owner without his previous consent in writing.
(5)Any works executed in pursuance of this Act shall—
(a)comply with the provisions of statutory requirements; and
(b)be executed in accordance with such plans, sections and particulars as may be agreed between the owners or in the event of dispute determined in accordance with section 10;
and no deviation shall be made from those plans, sections and particulars except such as may be agreed between the owners (or surveyors acting on their behalf) or in the event of dispute determined in accordance with section 10.
Cyberprog
Well-known member
Or are you referring to the preface to the act? If the wall is a party wall then S7(3) applies.
K
Komatsu
Well-known member
Unfortunately it’s to late to do anything, the wall is down, it’s in the process of been rebuilt and judging by the behaviour of his neighbour, any “act” will just go over his head....there will only be one winner in all this, and that will be the solicitor, the walls going back up, the neighbour isn’t bothered in the slightest and this will get Gra wound up for months on end which will be no good for him....it’s put the builder in a very awkward position, however if Gra knows him I’m sure that will be piece of mind for the quality of the work which is about to take place.
Left hooker
Well-known member
If it is your wall I would be a right pain and get your wall reinstated and get him to build his new building an inch off of yours for maintenance reasons like painting 
V8Druid
do it as well as you can,but learn to do it better
evening all ... thanks for your inputs ...... been busy writing a brief for my man
Was in court all day Friday so not been able to speak with him, but he'll have a fully illustrated chapter and verse Monday morning in his inbox.
He has a penchant for dealing with pr*cks , ... will relish this one and will be 'fully informed' when I speak with him Monday.
It's never too late to deal with folk who contravene the law of the land Ollie ..... the 'arm of the law' is long and far reaching ... in the right hands ..
All I want at this point is a correctly built wall, in the right location and back filled properly to retain my drive ... it's been pissing down for far too many hours today
I'm going to suggest Alun pops out, so we can have a 'meeting' with Numpty and when he kicks off, I'll simply let Alun shut him down, read him the riot act, tell him what's going to happen, how he's going to behave, here on in, OR face the consequences of failing to comply with an act of Parliament, its requirements, protocols, etc. plus causing willful damage to my property ... AND have his job shutdown for a considerable period of time, together with all the consequences and costs that will bring - mine as well as his !!
Numpty is no match for a QC ... the act may only have few teeth, but Alun will take full advantage of what it does have and anything else he has in his arsenal of 35+ years of experience. he is one VERY switched on bloke and worth every penny he charges ... (I've never had any complaints about his fee levels either)
Aside from his blatantly ignoring his duties under the PWA, lying to his builders will be Numpty's major downfall ... no one will ever believe a word he says in future he has single-handedly, discredited himself.
Was in court all day Friday so not been able to speak with him, but he'll have a fully illustrated chapter and verse Monday morning in his inbox.
He has a penchant for dealing with pr*cks , ... will relish this one
and will be 'fully informed' when I speak with him Monday.It's never too late to deal with folk who contravene the law of the land Ollie ..... the 'arm of the law' is long and far reaching ... in the right hands ..
All I want at this point is a correctly built wall, in the right location and back filled properly to retain my drive ... it's been pissing down for far too many hours today
I'm going to suggest Alun pops out, so we can have a 'meeting' with Numpty and when he kicks off, I'll simply let Alun shut him down, read him the riot act, tell him what's going to happen, how he's going to behave, here on in, OR face the consequences of failing to comply with an act of Parliament, its requirements, protocols, etc. plus causing willful damage to my property ... AND have his job shutdown for a considerable period of time, together with all the consequences and costs that will bring - mine as well as his
!!Numpty is no match for a QC ... the act may only have few teeth, but Alun will take full advantage of what it does have and anything else he has in his arsenal of 35+ years of experience.
he is one VERY switched on bloke and worth every penny he charges ... (I've never had any complaints about his fee levels either)Aside from his blatantly ignoring his duties under the PWA, lying to his builders will be Numpty's major downfall ... no one will ever believe a word he says in future
he has single-handedly, discredited himself.
V8Druid
do it as well as you can,but learn to do it better
if it was MY wall Stu I'd have shut him down the second he touched itIf it is your wall I would be a right pain and get your wall reinstated and get him to build his new building an inch off of yours for maintenance reasons like painting
V8Druid
do it as well as you can,but learn to do it better
the act might Oll .... Alun will hit him right between the eyes though
as to costs ... he'll be facing 'em ... all of 'em (and TBH I won't mind spending a couple of grand dealing with this lying fkr, if I have to)
And yes ... he's done himself no favors at all with the builder, who's been dropped well and truly in the sh1t by Numpty's imbecilic actions !!
V8Druid
do it as well as you can,but learn to do it better
in order to rely on section 10, he'd first need to have complied with all other aspects of the Act - he hasn't - he's just lied
(3)
this only got 'slung up' after I pointed out to the builder that we had/have a 2 & 4 yr old running around here, one regularly ... going off the edge would not be good
... secure isn't it ? ... ditto either of the cats, who roam around down here regularly in the dark ..... Attachments
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