Party wall and lift dispute.

[Kaekae]

Over a year ago our neighbours installed a domestic lift on our party wall. We'd heard a lot of work taking place next door but unaware they were installing lift. We first knew of it when we were woken at 3am one morning with it being used. It is really loud and my son coming up to three at the time had just moved into his own room now won't sleep in there as the noise startles him when asleep. My DD won't play in there at all.

I tried to discuss this with my neighbour one early evening after she was allowing her child to play on the lift, we could hear it going up and down and it was setting off a really high pitched alarm. She was furious that I approached her, shouted at me that she would continue to allow her child to play on it. She then attacked me whilst I was holding my DD who was a baby at the time. The police were involved.

Said neighbour then decided to antagonise us with the lift, setting it off every time I entered my home starting up the lift up to 10 times. The lift would also be used early hours of the morning 1am, 5am etc. and would wake the children DS4 and DD2. I had to keep a log of times. I have cracks appearing all over the party wall side of the house, council came out to take photos claim it isn't anthing to do with the lift. I have considered getting my own Surveyor to confirm this since the cracks are only once side of the house, the side the lift happens to be on. My neighbours own their property so do we.

After contacting the Environmental Health, I discovered my neighbours were given a grant by the council who claim that although they issued them the grant, a party wall agreement is not their responsibility it would have been up to my neighbours to have sorted that. I asked the council for copies of the lift plans etc. which they wouldn't give me but they did claim a PW aggreement wasn't needed and told me not to waste my money legally on this matter. Environmental Health advised me to keep a log, once they'd received my log they contacted my neighbour who then decided to make a complaint about us stating she could hear our TV! Very tit for tat, I am a sleep deprived mother who does not stay up all hours of the morning watching TV. After my complaints to the council several other issues started to happen, my neighbour started pulling silly faces at my children, she would watch them when they were in the garden and mimic them, watching us, shouting odd things about us when we're in the garden. We would just ignore it all.

We were then advised we should take up the offer of mediation which we then agreed to. However, after meeting with the mediators individually we could not come to an agreement about discussing the issue together with our neighbours. My neighbour was adamant she did not want my husband to be present at the meetings, she wanted a one on one with me only. Since she had previously attacked me I was extremely dubious about this. Anyway, since then things have been quiet but the last three days the lift has been set off at unreasonable times during the morning and I am not sure what I can do about this legally now. The lift is one of these

lift

Hope someone can help with some advice sorry about the long post.

[somedaymaybe]

Hi! have shown your post to my DH (he knows a lot about these things) it sounds very much like you need independant advice from a chartered building surveyor. He is especially concerned about the cracking on the party wall. If you cannot locate a local chap the RICS website should help.

As the works were subject to a local authority grant they should have taken into account the impact of the works on the neighbours and taken that into the design. It sounds as if the LA may be trying to 'run away' from the problem.