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       #Post#: 44092--------------------------------------------------
       Re: Boundary Wall
       By: Mome Rath Date: November 5, 2024, 9:31 am
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       It's a tricky situation.  I agree that Mum shouldn't have to pay
       anything.  However, she is itching to pay for fear of upsetting
       the neighbours. I keep pointing out to her that she has not yet
       had the wall reinstated with the existing antique bricks as she
       wanted.  The only reason I can see for the revised 50/25/25%
       split is that is the approximate boundary length for each
       property.  The original 33.3% split was from the initial
       informal meeting and is not documented.  We are happy to honour
       the original agreement, but the change was decided by the
       landlord neighbour and not discussed.
       Another consideration is that Mum is 95 and we may need to sell
       the house soon to pay for a care home.  I understand that any
       neighbour disputes are now documented in the sales pack.  This
       may be one of those cases where a party wall surveyor would have
       been useful.  However, I presume it's too late now that most of
       the evidence has been cleared away?
       #Post#: 44104--------------------------------------------------
       Re: Boundary Wall
       By: mickR Date: November 5, 2024, 10:58 am
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       a party wall surveyor would have been helpful for one thing
       only, to leach money from your mum. unless waste of time they
       have no authority to do anything more than your mum can with
       common law.
       facts.
       The Landlord neighbour caused damage to a wall.
       He is responsible to repair it to a safe (especially due to his
       land being elevated to your mums) and to a reasonable standard.
       if your mum is happy to part with some money then it needs to be
       on the understanding her side is finished as before.
       just tell him that's how it's going to be and you're not going
       along with his change of plan.
       if he doesn't agree tell him you will consider court action to
       get it resolved at no cost to you.
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