Watched a repeat of Grand Design on TV tonight .. the one where a couple were developing a building in London & had to serve a Party Wall Notice on their neighbour the London Festival Orchestra.

The LFO was shown to be vindictive, antagonostic & obstructive at nearly every point in the proceedings. I was not impressed with their actions or attitude.

If there is any justice (there isn't) The Act should be reviewed to curtail this kind of attitude to prevail.

For those outside UK the Party wall act basically makes the developing side responsible for paying the legal cost of the adjoining owners. I have little doubt that the LFO would not have prolonged the dispute had they had to pay their own legal costs.

Seemed to me it was an abuse of their privelege & the act.

Anyone else have stories to tell ??

Do you guys elsewhere have similar protection for neighbours?

More info here

http://www.communities.gov.uk/publications/planningandbuilding/partywall

& here

http://www.diydata.com/planning/party_wall_act/party_wall_act.php

i watched that too ReD, and i thought they were making such a fuss over nothing. The couple did everything they could to solve the problem and the LFO were still not happy, i mean, painting the rubbish red brick wall to match the other rubbish red brick wall was beyond insanity!

but then again, rules is rules...

I was served a party wall notice for a flat I owned in london just when I was doing my part 3 and reading about all this crap. My experience was the act does very little to protect anyone and the nieghbours were able to just get on with the work despite me objecting to their method statement for new foundations. (Had me leaping out of bed at 7am one morning as the building sounded like it was about to collapse whil ethey piled their new foundations)

Bad neighbours are a nightmare though.

Party wall act only applies to England (and Wales?) up here in the frozen north we dont have it....

on the subject of that particular grand designs, the most annoying thing about in it was the woman - stupid moon faced midget. looked like a moomin too....http://en.wikipedia.org/wiki/Moomins

but reading between the lines, it seemed to me that the owners in the Show had little intention of complying with their approved construction documents in the first place. It struck me, from memory, as I saw it a while ago, that they had a kind of arrogance about them, that they assumed that would mean they could do what they like.

Maybe a more open, honest and collaborative approach at the start would have been a better approach.
I do agree however that once up and running the system seemed a little crazy..

on the subject of that particular grand designs, the most annoying thing about in it was the woman - stupid moon faced midget. looked like a moomin too....http://en.wikipedia.org/wiki/Moomins

that's very mature and professional of you :no no no:

but reading between the lines, it seemed to me that the owners in the Show had little intention of complying with their approved construction documents in the first place. It struck me, from memory, as I saw it a while ago, that they had a kind of arrogance about them, that they assumed that would mean they could do what they like.

Maybe a more open, honest and collaborative approach at the start would have been a better approach.
I do agree however that once up and running the system seemed a little crazy..

yes they did appear a bit dismissive .. on the other hand I got the impression any honest & straight approach from them to the other side would have been rejected anyway.

ReD that may have been the case - but it always strikes me that if the start is good, solid, honest people respond (and no one can accuse). The old saying "begin as you mean to finish" kind of comes to mind

Oh totally agree .. I just reckon in this case a hand of friendship would have been slapped away ... so how do you deal with people intent on being obstructive .. (I think we all meet them from time to time) ?

I didn't see this particular episode but you'd be amazed at what a box of wine and a bunch of flowers can do, especially if executed early on!

My main concern would be if the bloke thought I was asking him out on a date Lewis

anyway try to see the both episodes if you can

;) I was imagining a lady for some reason. And I suppose if you sent it to the bloke next door's wife things may be even worse.
But the premise remains the same, a little unexpected goodwill costs very little but can get you far.

Having said that, my parents had a dispute over boundaries a year or so ago, not quite the same thing but it took a real toll on my folks with the court case dragging on and actually having to live next to the fellow. The chap got people in the village to stand up and lie in court, we had surveys and maps but people weren't keen to testify because he owned their land or had business interests with him. My dog got loose one day and took out half his chickens (which i'm dubious about because she never touches ours, but the following week a fox got in and took out the rest) and my dad put in 4 hives of bees on the boundary (without realising it'd piss him off but certainly didn't move them when he was informed). Anyway, we won in the end but its certainly not like an episode of Neighbours round my neck of the woods anymore!

I've been delaying and delaying the conversation with my neighbour over his tree, maybe you lot can advise.

The tree is=n question is a massive 20m tall sycamore (http://www.pushpullbar.com/forums/showpost.php?p=62813&postcount=2) which as a species is known as the weed and not much loved - it solf pollonates like... well... a weed and tends to dominate forests. It stands about 2.5m from where my house will be and I want to cut iit down but it's on my neighbours land. I'm entitled to cut down all the overhanging branches and cut up the roots that cross the boundary. Thing is iif I do that the tree will fall over and I would be liable. So I need his agreement to fell it.

I want to go round there casually and say Merry Christmas any chance of cutting down that big tree, I'll plant you a replacement. I'm going to suggest a semi mature hawthorne.

He is 65 and a local councilor but apparantly a nice guy - not met him. His wife though was recently admitted to a care home and I've heard he is not as chirpy as he once was.

Have you had planning yet?
You may make the tree unstable when you cut through its roots .. you never know he may welcome the loss of it .. or on the other hand slap a tree preservation order on it.

In any event your foundations will need looking at

Hawthorne ? Eeuch .. very dense .. very sharp .. looks ugly in winter I think

Play by ear, gauge his reaction & hold back on offering to replace / & reposition to suit both of you .. select replacement on basis of height / root / growth rate & looks ... PM Papanix (I think)

that's very mature and professional of you :no no no:


:D really? you mean it?

Im sorry, its that episode though, it really annoys me everytime!

I would have thought that you'd know by now if he was an objectionable type individual from the planning process, was he vocal there?
I wouldn't say sycamores are not much loved or weed like, it looks quite a handsome old tree to me in the picture and I wouldn't be surprised if the councilor agrees with me! Although I'd want to cut the thing down too if I were in your boots.
I found this website, based just down the road from you in Corstorphine... they seem to like sycamores in these parts ;)
http://www.corstorphine-trust.ukgo.com/CorstorphineTopics/SycamoreTree.html

Had you thought of offering to buy the bottom of his garden from him? Put up a second house while you're at it?

Oh totally agree .. ... so how do you deal with people intent on being obstructive .. (I think we all meet them from time to time) ?
Be honest - don't play their game - adopt and play by your own standards. Don't cover up anything, be available - it works (although the other party may just become more frustrated - it's sometimes about one's own attitude/life belief and maybe even "third parties")

I've been delaying and delaying the conversation with my neighbour over his tree, maybe you lot can advise....

I want to go round there casually and say Merry Christmas any chance of cutting down that big tree, I'll plant you a replacement. I'm going to suggest a semi mature hawthorne.
....... His wife though was recently admitted to a care home and I've heard he is not as chirpy as he once was.

Gorgon - he's probably got more important things on his mind...unless maybe his wife planted the tree.

Have the conversation - but don't wrap it up in a Xmas greeting/meeting.

Be open, tell him you'd like to have the tree removed, ask him how he feels (you might be surprised) and you've lost nothing, maybe even gained a good neighbour.

But have the conversation - as itself, about the tree, not about Xmas or anything else.

Thanks for the responses. Will let you know how it goes...