PROBLEM - We just had a wall built in replacement of my gate. Pls see the photos?

Question

http://s179.photobucket.com/albums/w296/n_easy/Garden%20Wall/

The neighbours wall, which is the light browney one, our wall is the other.
What our builder has done is cemented my wall to his wall (reinforcement?). Neighbour has complained. BUT, if you look at photo titled "Wall - Outside", the wall is on our property - it is within our boundary as per the line on the floor.

First of all, is this legal, in terms of building regulations etc? and if he does take further action, what can i do to back up my side of the argument.

My neighbour is the neighbour from HELL, i think hes just after some quick cash, because if you notice from the photo, "Gate Pillar Before Wall", he never seemed to complain about that pillar being on his wall, now all of a sudden weve got a wall built hes complainging about cement, that he cant even see!

Please advise, many thanks.

Answer 1

seen as its on your boundary he hasnt a leg to stand on unless he has used that piece of land for over 12 years because then legally it becomes his

Answer 2

Unless the builder knocked out some bricks from your neighbours wall to build yours into it, which it doesn't look like your wall is not 'joined' to his at all, the builder has just filled the gap between the walls with mortar to give it a finished look. Therefore it is not attached and the mortar is only for appearance- no structural significance at all.

If your fence has been legally built on your property, he can just go and dry up. The wall has no significance to him at all. Check with your local council and if they advise you are in he right, advise him they have advised you as such and you don't want to hear any more on the matter.

You can argue for ever about this and to what end, you don't want the situation to escalate. He really needs to get a life.

Answer 3

If the wall you equipped is on your sources you have not got any challenge. If he needs to reason issues he's the man who can could arise with the money to have the land surveyed and carry a legal professional. threat is possibly even as he exhibits out the cost he will drop any action. You even if for peace of recommendations ought to examine with a land legal professional and ask what he thinks, if he's in contract with you tell him you're not any more going to do something except your neighbor pursues the matter. Sorry you're able to bypass via that, there is continuously someone obtainable who has to intrude.

Answer 4

Was the brown post 'your' gatepost, so that yuo have been 'enjoying' 4-6" of HIS property over these years?. If so, then you can put in a claim of ownership of that part of his driveway. Probably not worth the aggro though.

Building regs have nothing to do with it; Get a mate to come around in a suit, with a clipboard, tape measure and a copy of the deeds, showing the boundary. Make sure that the neighbour sees him, and them hand them a letter, stating that your 'surveyor' has reported that your wall is entirely on your property.

If he wants to go to litigation over it, then nothing will stop him. However, all you can do before that is demonstrate to be be reasonable in listening to his complaint and getting this 'independent' review (your mate). to check it. That will stand you in very good stead if it comes to legal matters.

Answer 5

I think you need to get a survey done to find out exactly where the property line is....

If the wall is truley on your property, check with the local building inspector and find out what can be done.

He may end up owing you and become the neighbor from heaven.... LOL.....

Our you have a right to remove it.

But first check with the building inspector or someone within the city....

Answer 6

the place to find out the right and wrong of this wall business is at ur local city hall. every city is different and has there own rules and requirements...Ur builder should have known what he was doing and therefore ur wall should b legal. If ur builder was not licensed and insured, u will b responsible for whatever the city says. As for money, the only money that will b paid is if u have to change ur wall if ur builder cheated u.
good luck

Answer 7

It sounds like he is looking for some quick cash. I am pretty sure you are completely within your rights, though I don't know what your local zoning laws say. I would take these photos and a copy of your survey map down to your local engineering department office or zoning. They'll have copies of any local ordinance which might affect you, and they can probably give you good advice. Good luck - we had a battle over a fence a few years back.

Answer 8

There must be nothing worse than having to live next door to a moaning old git. Tell him to take it further if he aint happy - and let him waste his time and money. I dont think you have a problem here - let him instigate something if he wishes - but he's probably all talk and not happy unless he's got something to moan about.

Answer 9

Your neighbour sounds just like mine. I had a wall built on my boundary, perfectly legal.
Yours looks fine, sounds like your neighbour is just looking for trouble.
We had to consult our solicitor to back up out complaint.

Answer 10

if your wall is on the property line, i would check to see if there is a set-back law in your town. i dont think he has the right to build up to your property line. here it is 5 ft. for a side varience. the only down side i can see is if he has the least little bit of problem with his wall , hes going to blame your wall for causing it. i would have my mason take a masonry saw and separate the walls. they are bound to move separately and you want them to be independent of each other...did he lay them brick in the rain? messy