Extension as party wall??

[Paragon]

My neighbour has removed part of the featheredge fence, concrete post and graval board which lies on the boundary of our property. His plan, which he finally has explained to me, after I quoted the Party Wall Act of 1996 to him, is to extend his property and use the extension as the new party wall.

I obviously objected. He has come around with his architect now to explain that they would do the back part of the extension with London Stock bricks so that it would look like a garden wall from my side, if I would agree. They also would do a hidden gutter system.

It is not clear who owns the fence as it isn't mentioned in his deeds or mine.

Question: Under the Party Wall Act can I insist that he put the wood fence back and keep his extension well away from the boundary?

[Paragon]

Was my post above too vague and incoherent? Go on - tell me - I can take it.

[pdk]

I'm a planner, dont have party wall experience sorry... PETER

[islandgirl]

I know nothing about this but if it were me I would object object object! It strikes me also that the architect would not have come round talking to you about how they would "hide" the fact it is a wall and not a fence if you were not able to object and stop it happening.
Have they sought planning permission? If so you would have been notified by the council.
I would say no, but that's just me!

[Paragon]

Many thanks for your responses. I will keep you posted.

[jeffrey]

Many thanks for your responses. I will keep you posted.

Take legal advice before agreeing anything AND demand that neighbour pays your legal fees (= make his solicitors give your solicitors a written undertaking). As he is clearly already in the wrong and implicitly acknowledges this, start from a strong position so that you can then negotiate downwards a bit and appear reasonable.

[islandgirl]

Found this on another forum - may be of interest?

"After several months of litigation a court order established a number of points between my neighbour's property and my own, the main point being that my fence is not a retaining wall and my neighbour cannot derive any support from it. "

[Paragon]

Islandgirl -
Many thanks for the info. Nothing has happened next door. The fence is still down and the trench half filled in. It looks as if the company doing the extension have laid down their tools for 9 days now.
The architect hasn't been back with new plans as promised. So, I'm just waiting, but I need to get the fence back up so I can allow my dog to run in the garden again.

[Paragon]

Take legal advice before agreeing anything AND demand that neighbour pays your legal fees (= make his solicitors give your solicitors a written undertaking). As he is clearly already in the wrong and implicitly acknowledges this, start from a strong position so that you can then negotiate downwards a bit and appear reasonable.

Many thanks Jeffrey. It is now two weeks today. No workman in sight. Work has come to a screeching halt. Trench on my side only half back filled. There must be some problem. Neighbour did have someone put some plywood up so at least my dog can have freedom of the garden again. Looks like a phone call today.

[jeffrey]

Many thanks Jeffrey. It is now two weeks today. No workman in sight. Work has come to a screeching halt. Trench on my side only half back filled. There must be some problem. Neighbour did have someone put some plywood up so at least my dog can have freedom of the garden again. Looks like a phone call today.

Time to call on your solicitor and begin enforcement action...