Are there any rules re brick dust

[JanieB]

My new next door neighbours are having a lot of work done on their house. The original terrace was 5 cottages supplying housing for the farm behind us. On Monday the front window was left open whilst their workmen removed all the plaster from the walls and then did something that produced an enormous amount of brick dust. This has gone on all week. My house is about as draught proof as you can get an old cottage. I now have a cough and squeak when i breath out. I haven't had a cold so i can only put it down to the dust from next door. I've tried to talk to them but I'm being ignored. Are there any rules about this. I'm the only neighbour who is around all day every day as I'm semi retired and work from home.

 

[DavidB]

Hi JanieB

I would suggest speaking to your council - get their specific advice. The workmen could do things to reduce the dust (such as extractor, water spray, shut the window...). Who did you speak to the workmen or your neighbour? Is the property vacant i.e. have the neighbours moved out whilst the work is being done? An angle grinder and some bricks creates a lot of dust and it gets everywhere - it might be that they've finished with that process now and things might be less dusty.

 

[JanieB]

No, I couldn't get any reply from the workmen. I've emailed the neighbour but had no reply, he's been a friend for a long time so I'm more than a bit miffed. As a side complaint, the next door down put up a fence on my property that now has a gate annexing part of my garden. I've tried explaining this but new next door neighbours regard this as they own what they saw when buying.

I can't afford a solicitor so I'm going to have to put up with people stealing my land and making my life uncomfortable.

 

[Abi Cott]

There is a garden law forum that I've seen recommended a few times. I've not used it but I get the impression the advice given is excellent. You don't always need a solicitor to get justice. I've been through the small claims court. It took research and determination but was actually far easier than I expected in the end.

 

[Damon]

Personally I think you're best bet is to dust your sides down and forget about it. The workers will be gone very soon and you can move on with your life rather than spending your time resenting your neighbour. Life is too short and your time should be cherished. I understand that it's not pleasant but by the time the council write back to you the work will be done and dusted (pardon the pun)

 

[DavidB]

JanieB

I get where Damon is coming from and that could be one approach - but I wouldn't write to the council and wait for months for them to reply - instead I would ring them up and not get off the phone until someone agreed to either come round or do something. It will probably take several calls - you might get passed around departments i.e. planning to environmental services - don't worry - just stick with it until you reach someone who offers to help.

Sorry to hear you feel that another neighbour has pinched some of your land. These things can be very complex and unclear with fences and boundaries being moved for practical reasons or people just taking a chance.

There is a risk that taking action annoys your new neighbours and that might spoil your relationship going forward. Personally I am a miserable old bugger and wouldn't care about that - but my short comings are not necessarily suited for everyone! You do what you think is right... Anyway I'd consider the following:

1. I'd go online and find the advert for your neighbours house when it was sold and look through the photographs and description and see if there is any reason to suggest that the property was sold with this access. I would try and see where they get the idea that they have the right to do what they have done. i.e. try and see it from their perspective first and try and understand why they thought they could do it.
2. Find your land registration documents - or if you've lost them get a new copy - they will be with you in a couple of days if you go online and pay or another set - and they don't cost much. They will typically show your property boundary outlined in red. They are useful as they may also show historic rights of way or shared access or old public footpaths. For example in my copy I can see a couple of footbridges over a river between our garden and what is now our orchard and also an old public footpath from the street down to the river.
3. I agree with Abi's comments about small claims court and online support forums... however, my personal favourite would be;
4. Go see a local solicitor - explain the issue - take the advert (i.e. online details) that was used to sell the house and also take any land registration documents you have. Ask the solicitor what they could do. I imagine a formally worded letter from a solicitor might make your neighbour a little more receptive to your concern about access via your garden and might be cheaper than you think...
5. Do be prepared though that the land might be shared access and you might find clues to this in the land registration documents.
6. You could also get a copy of your neighbours land registry documents - again a small fee would apply - but they are publically available so nothing to stop you seeing how their boundaries are defined.

Good luck