so ... bit of an update ...
All I'm simply trying to ensure is correct alignment here
... he has no right to build beyond the boundary line ...
although termed as a 'party wall' it is entirely on his side of the boundary, not straddling it, but is still subject to the PWA terms.
No foundations can straddle a boundary without prior agreement (by me in this case).
I'm not changing anything specification-wise ... simply ensuring non encroachment onto my property ... as is my right.
Having dug into my driveway a good foot plus, at the toe, the only sensible thing is to allow a full width pour to secure it IMHDO.
I should drop the axe instantly .... but I then have a vulnerable driveway, likely to succumb to the wet weather, with a possible 2-3 month delay on any further progress let alone getting my drive secured.... assuming the t**t continues afterward.
tried to have a word with Alun, my legal guy , fill him in, prime him ready for some action and take his advice on the matter friday ... but in court all day
had considered demanding it was sheet piled , but have water pipes in there .... I needed a chat with Alun ....
the main issue i could see was 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 ...
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
S7 of the PWA is clear about liability for damage.
http://www.legislation.gov.uk/ukpga/1996/40/section/7was busy writing a brief for my man Sunday so he'd 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 would be 'fully informed' when I spoke with him Monday.
It's never too late to deal with folk who contravene the law of the land ..... the 'arm of the law' is long and far reaching ... in the right hands ..
All I wanted at this point was a correctly built wall, in the right location and back filled properly to retain my drive ... it'd been pissing down for far too many hours Saturday
was 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.
TBH I won't mind spending a couple of grand dealing with this lying fkr, if I have to
And ... 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 !!
so ... Sec 7 (3) ... "
so long as may be necessary a proper hoarding", ....
sec 7 (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." .....
... Comp. -
"agreed between the owners ... determined in accordance with section 10."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 .....
Originalets URL: https://i1275.photobucket.com/albums/y450/v8druid/scans%202/WP_20191101_13_14_38_Pro_zpswwlxjjye.jpgthis bloke is an obnoxious tw*t , who, if he thinks has gotten away with this shit, is going to just get worse. He frightens the other neighbours with his behaviour !!
in the event that he starts to piss about in getting this done Alun will simply slap a Lien on his house and all his possessions ... if he didn't cough or get it done with due diligence .... that is some
black mark on yer credit rating and prevents you from doing a hell of a LOT. A very useful tool with significant ongoing consequences !
I've been nothing but pleasant and reasonable with Wayne ... his pleadings not to put a stop to it are the only reason it isn't ..
they have nothing to go to and at this time of year were/are relying on this to carry them through ...
were the boot on the other foot numpty'd have thought nothing of shutting it down and sod the builders.
the old drive is a long and convoluted story ... it was all once owned by one person ... a friend of mine. Him and his missus were splitting/fell out and he converted our barn for her to live in rather than have to sell up. she buggered off eventually and he put this on the market with about 30 odd acres.
our neighbours who own all the fields above and around us - two business men, Phil & Phil, again friends I've known decades, wanted the land but had to buy it all to get it. they let the barn to some muppet who trashed it ... took 'em 9 months to get him out ... they struggled to sell it (a) in a mess and (b) with the shared access, so put out new drive in.
Eventually sold it to the couple we bought it off. Townies with rose tints ... spent a fortune re-furb.ing it, top to bottom ... she broke an arm in the snow in '09/'10 and got cabin fever ... BAD .... just wanted out.
Enter a Druid who kicked 'em to death on the price and bought it cash.
Alun had the paperwork sorted in 6 days ....
had to wait 9 weeks for them to find somewhere ... in hind sight I should've told 'em to rent and get out as it was a very long 9 weeks, praying no one gazzumped me ....
it'd been on the market 5 days, on-line, when I found it ... struck a deal in a day - deposit paid ...
had it offline that day and they were sworn to silence on it all, until it was finalised ... or I'd walk (had been gazzumped before - not nice and costly) .... and they REALLY wanted out
The old drive and ROW has never been extinguished and we used to use it quite frequently, especially if the snow was bad. Straight run in/out and up -- there's a 60 left out of the new one, on a serious incline, with an adverse camber .. can be bloody slick
Originalets URL: https://i1275.photobucket.com/albums/y450/v8druid/scans%202/DJI_0126.JPG%20crop_zpsa3pukzsq.jpgOriginalets URL: https://i1275.photobucket.com/albums/y450/v8druid/scans%202/DJI_0120_zpsyfnowvtf.jpgcan see the
wheel tracks in the grass, which I let grow ... looks better than the planings under it
Tw*t does this regularly ... parks his
car and
trailer there, with the trailer damned nigh against the gate ...
Originalets URL: https://i1275.photobucket.com/albums/y450/v8druid/scans%202/WP_20191103_12_35_37_Pro_zpsgigbglj3.jpgthis was yesterday morning ... constantly seeking/trying to provoke confrontation ... I don't rise to it .. must wind him up ... I've got better things to keep me occupied ... he's just a sad pr*ck !!
there're three properties here ... old farm house, a granary and my barn...sadly for the couple in the granary, they're attached/bang next
door to numpty ...
and planning on moving shortly .. think they've had enough ... they're lovely people .....
P&P ... they both steer clear .. the one of 'em is likely to deck him ... his missus told me she had to take his car keys off him one day after yet another 'abusive' phone call from Numpty.
a n other neighbour a field or so away ... only a question of time, 'fore he does ..loathes them both with a passion.
Guy who rents the grass keep on the fields - nice bloke, known him 'donkeys' .... again ...
it's a matter of time 'fore he opens his gob,, mouths off and gets it filled .... you all know the type ... wouldn't piss on him if he was on fire
As for Liens ..... once a debt is established, t'ain't a great effort to slap on. Have used a Lien on a few occasions .. very successfully .. just let the bailiffs seize goods, 'til the debt's recovered ...
one episode was exciting though .... was owed £8+k an' change, by a.n.other small
crane hire co. for cross hires ... mid 80s ...
Alun got a judgement against 'em and hit 'em with a Lien within a couple of days, 'cos no way was this bloke gonna pay without a fight ....
went with a bailiff to serve on 'em ... in fact the guy came with me in my motor.....
things got nasty and my car got rammed ... court bailiff rang plod from my mobile, to say he was under attack serving a warrant ...
gave his ID and there were two vanfuls of plod and a dog van there in under 5 minutes.
several arrests and they all had a night in the cells ... when we go to take a crane .... there's three there all wearing the same number plate ... plod had a field day and the bailiff took all three machines until the correct m/c was established.
Plod took 'em to court for criminal damage to my vehicle and attacking the bailiff ...
adjourned for lunch and I was sat in a pub with my old man, who'd come along for the day ...
I was a witness, obviously ....
the three guys up on charges come across to us and start giving it mouth about what's going to happen / keep a look out over yer shoulder, etc. ...
Clerk of the court was sat on the next table ... unknown to them
..... went back into court after lunch and the clerk had obviously had words with the bench, who promptly had all three arrested for intimidating witnesses and sent 'em down to the cells ....
I got me car paid for, plus comp. and they all got three months each for their performance ... and i also got me £8k and change plus costs when the crane got sold.
they also got serious fines for running false plates on two others and the finance co. who'd been trying to repo the other two for months took their machines back .... RESULT
yeh Liens work well.... and as said before .... Alun is the bollocks
as said ---- all I want them to do is put things back as they were ... this idiot is trying to pinch a foot or so off the boundary line and straighten out a dog leg IMHDO ...
which ain't happening .....
had he gone about things in a proper manner that might have been a different story .... with suitable incentives ... but not now
I deliberately didn't back fill this when we did all the water issues a while back, 'cos I knew the building would happen at some point
Originalets URL: https://i1275.photobucket.com/albums/y450/v8druid/scans%202/Photo2854_zpseg0slze5.jpgred line is the boundary edge .... all construction is to be his side of that line ...
Originalets URL: https://i1275.photobucket.com/albums/y450/v8druid/scans%202/WP_20191030_16_09_43_Pro%202_zpsxjrk4wuz.jpgcould see some long faces coming up this morning as IMHDO they haven't dug wide enough his side ... and poured it Friday afternoon, when the 8 wheeler full of mix turned up ...... eventually
Minds were 'focused ' at 08:00 this morning ....
Originalets URL: https://i1275.photobucket.com/albums/y450/v8druid/scans%202/WP_20191104_09_28_27_Pro_zpsczjq1kb2.jpgall debate / argument ceased and correct lines were established .. to my satisfaction ...
took Clara to nursery and was just about to go back down for her after my treatment, lunchtime when Wayne was at my back door to ask if I'd like to come and check all was satisfactory ....
Originalets URL: https://i1275.photobucket.com/albums/y450/v8druid/scans%202/WP_20191104_11_33_31_Pro_zpssmeilv4c.jpgcorner masonry installed and leveled by the end of this afternoon, checked again and Alun was 'stood down' .... for now.
Numpty has scuttled off out of sight on several occasions today ... hopefully he fears for his safety .. he bloody well needs to ... amount of shit I've had this last week
more pix tomorrow .... bit dark for the corners tonight
Quite why (other than the obvious reasons of
idiocracy and Napolean syndrome) I had to suffer all this crap, beggars belief.
I have a memory like an elephant for certain things
it was going one of three way this morning :...... Compliance, ....
"cry havoc and let slip the dogs of war", ... or ... he was going to have to buy the most expensive 12" strip/30 sq. ft. of property/ground in the area, with provisos, if he didn't want shutting down ... amazing / impressive how the right phrases will 'focus' people's attention .....
this will be a.n.other wall of a building, 'cept 9" hollows, conc. filled with rebar and tanked to G/L forming a LARGE dopplegarage .... same footprint as previous with a fkn onduline crap roof FFS .. ships and tar, etc.. .... think Wayne was relieved to concede compliance,TBH ..
he and I are 'OK'