Verbal contracts-binding or not??

#1
Morning all,

can anyone tell me whether a verbal contract is binding? the reason i ask, is that the other day, i asked my neighbour if they minded that i pulled down a bit of the front garden wall (which divides our properties) in order to build a porch. they said no they didn't have a problem with it, so i took out the old sledge hammer and proceeded to knock out a 1metre section, dug the foundations and started laying the bricks.

now they are saying they want the original wall putting back or they're going to sue!!! this is going to be a tad difficult as the original wall was a big slab of stone and is now in a million pieces!!

any help or advice appreciated!! (if killing the neighbour is all you can come up with, i came very close to it last night!!!)
 
#2
In principle yes, excepting contracts relating to a gamble.

However, lawyers could earn zillions over this small post and squillions of zillions over a matter such as the one you describe. Be careful.
 
#3
Do you get on with them? Do you think that they are p1ssing you about? If so, put the offending brickwork through their windows.

Sounds like you spoke to one of them, then the other found out after and went spastic....
 
#4
the_guru said:
Do you get on with them? Do you think that they are p1ssing you about? If so, put the offending brickwork through their windows.

Sounds like you spoke to one of them, then the other found out after and went spastic....
there's only one person living next door, a rather sour looking lesbian biker type (no i wouldn't even dream of nailing it!!! and neither would you)

she's usually ok to get along with, but for some reason she's got it into her head that the bit of wall i pulled down is an original feature and is in keeping with the character of the house (a 2 up 2 down victorian terrace ffs!!!)
 

Biped

LE
Book Reviewer
#6
In this instance, unless the the verbal contract was witnessed by someone independent, you don't have a leg to stand on. In a court of law, the dyke simply deny it ever gave permission, and even if it doesn't, it can say it has withdrawn permission (in which case you might be able to argue that the dyke should put the wall back itself).

I'd kiss its arrse, though I suspect that if it relented, you wouldn't get it in writing.

Bad luck fellah.

Edited for 'hairy dyke'
 
#7
lsquared said:
In principle yes, excepting contracts relating to a gamble. However, lawyers could earn zillions over this small post.
Oh! how right you are......In this situation it would be "Your word against mine" in Court, all he has to say is "no..me lud'..I never said that". You then have to PROVE he did, difficult to say the least!!..

By the way who's wall is it?..You say it seperates two properties, as with hedges, when looking at your house from the front, the hedge on Your left is yours to do whatever you wish. Find out if that applies to walls
 
#8
also as an aside, i realise that although technically it's a party wall, there has been iron railings on top of it for good knows how many years which belong to my house, is it possible to claim squatters rights over the wall or some such??

i know squatters rights isn't usually a particularly nice subject to talk about, but i'm still so peed off with the way she spoke to me last night i'm willing to try anything to stitch her up at this point!!! (i'm still amazed that i didn't bury a shovel in her head last night!!)
 
#9
Banshee_09 said:
the_guru said:
Do you get on with them? Do you think that they are p1ssing you about? If so, put the offending brickwork through their windows.

Sounds like you spoke to one of them, then the other found out after and went spastic....
there's only one person living next door, a rather sour looking lesbian biker type (no i wouldn't even dream of nailing it!!! and neither would you)

she's usually ok to get along with, but for some reason she's got it into her head that the bit of wall i pulled down is an original feature and is in keeping with the character of the house (a 2 up 2 down victorian terrace ffs!!!)
You have absoulutely no right to speak on my behalf - I never voted for you - Or Gordo for that matter. :D

I hope you find an easy way out mate as this sound fcuking tricky to me - and the lawyers will all go on holiday at your expense.
 
#10
Dyke+wall = ha-ha. Much better feature.
 
#11
rickshaw-major said:
Banshee_09 said:
the_guru said:
Do you get on with them? Do you think that they are p1ssing you about? If so, put the offending brickwork through their windows.

Sounds like you spoke to one of them, then the other found out after and went spastic....
there's only one person living next door, a rather sour looking lesbian biker type (no i wouldn't even dream of nailing it!!! and neither would you)

she's usually ok to get along with, but for some reason she's got it into her head that the bit of wall i pulled down is an original feature and is in keeping with the character of the house (a 2 up 2 down victorian terrace ffs!!!)
You have absoulutely no right to speak on my behalf - I never voted for you - Or Gordo for that matter. :D

I hope you find an easy way out mate as this sound fcuking tricky to me - and the lawyers will all go on holiday at your expense.

sorry rickshaw, if i'm ever on speaking terms with her again i'll get her to pm you, you'll regret it though :evil:

on the legal front, i'd much rather drag this out in court for years and at upmost expense, than give in to her the fcuking b1tch!!
 
#12
Biped said:
In this instance, unless the the verbal contract was witnessed by someone independent, you don't have a leg to stand on. In a court of law, the dyke simply deny it ever gave permission, and even if it doesn't, it can say it has withdrawn permission (in which case you might be able to argue that the dyke should put the wall back itself).

I'd kiss its arrse, though I suspect that if it relented, you wouldn't get it in writing.

Bad luck fellah.

Edited for 'hairy dyke'
there were 3 people who witnessed it, me, the guy who's doing the double glazing and my mrs. does the glazing guy count as independent??
 
#13
freeway said:
lsquared said:
In principle yes, excepting contracts relating to a gamble. However, lawyers could earn zillions over this small post.
Oh! how right you are......In this situation it would be "Your word against mine" in Court, all he has to say is "no..me lud'..I never said that". You then have to PROVE he did, difficult to say the least!!..

By the way who's wall is it?..You say it seperates two properties, as with hedges, when looking at your house from the front, the hedge on Your left is yours to do whatever you wish. Find out if that applies to walls
according to the paperwork i have, although it's dated to 1936 all walls are "party walls" , unless some legislation has come through that superseeds this! that's why we spoke to her before we did it!
 
#14
Just build your new porch, ensuring it is definately on your property and tell the furry cup munching tart to rebuild the fcuking wall herself and then ignore her. Whats she going to do?
 
#15
All_Torque said:
Just build your new porch, ensuring it is definately on your property and tell the furry cup munching tart to rebuild the fcuking wall herself and then ignore her. Whats she going to do?
i realise that i should probably have got a surveyor to check first, but it seems to run in line with the central dividing wall of the house, so i assume it's shared!

like i said though, there are railings on it that continue around the wall on my side, but not on hers (they're the original railings i think) her railings have been cut off (something to do with WWII???) so i'm hoping that this means it's on my side!!
 

The_Duke

LE
Moderator
#16
You have a verbal agreement not a contract, which she is now denying.

I would suggest you write her a letter, stating your side of the argument, and detailing the two witnesses who saw her agree to it, and make sure you keep a copy.

Then just crack on.
 
#17
freeway said:
By the way who's wall is it?..You say it seperates two properties, as with hedges, when looking at your house from the front, the hedge on Your left is yours to do whatever you wish. Find out if that applies to walls
No, that is not necessarily so. You need to check the deeds. My hedge and fence is on the right. Also ...... though I'm by no means sure, might planning permission and invitations to any one to object, be required for the porch? :?
 
#18
Banshee,

Leaving aside the verbal agreement...

The legislation you're dealing with here is the Party Wall etc Act 1996.

You really need to work out how the wall is defined by confirming who owns it. The boundary line between the two properties may have run down the centre of the wall, in which case the wall was a "party fence wall". If the boundary is positioned to the neighbours side, then the wall is not party, it's yours!

To do any work to a party wall you must either have written agreement, or serve "notice" on the other side "the adjoining owner". You really need the services of a decent Chartered Building Surveyor for this.

The porch may also require planning permission, depending on size, and also Building Regulation approval. Talk to your local authority if you're unsure.

J
 
#19
no, the porch doesn't need planning permission, it's not close enough to a public highway, nor is it big enough to need permission!

as for serving notice etc. we've been saving up for years to get enough cash together to do the house up (it's in pretty poor state), so we kind of charged at this a bit like a bull in a china shop!!

which i accept wasn't the best possible way to go about things!!!

still it's more of her reason for objecting which has got on my tits!! "it's an original feature and gives character" ffs!!
 

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