Building project adjacent my property

[Susco]

I have a property, and currently a building project which consists of a small village has started at the backside.

 

At the backside there is 35 x 2 meter perimeter wall which has been built on the dividing line.

 

Obviously the developer of the project will use my wall as his perimeter wall, in fact he has asked if he can raise it by 1 meter.

 

On first contact I told him that would be no issue, as long as he paid for the wall. His builder then suggested that he could build his own wall, which I doubt they want to

 

So in this case, what is the usual deal. What price can I commend for using my wall?

 

Should I allow them to raise it with 1 meter, because then the side walls on my property are 1 meter lower than the backside wall, and not sure if that will look nice at all.

 

In addition, probably the foundation of my wall is based on 2 meters high, so could I experience some issues if another meter is added on top?

[papa al]

  On 5/6/2021 at 10:33 AM, Susco said:

so could I experience some issues if another meter is added on top?

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Bet on it. 

[Susco]

  On 5/6/2021 at 10:55 AM, papa al said:

Bet on it. 

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But is that then the responsibility of the project developer, and if issues arise, he has to carry the repair costs?

[blackcab]

  On 5/6/2021 at 10:59 AM, Susco said:

 

But is that then the responsibility of the project developer, and if issues arise, he has to carry the repair costs?

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No, because you agreed to let him carry out the work on a free basis. You would have no contract. Your land, your wall, your responsibility to decide what is and is not good for your property.

 

Their position would be that they are providing you with a benefit for free. If your substandard wall developed problems, then it is up to you to resolve the matter on the land you own.

 

In a similar manner, if your neighbour offered you a tree for free, and you agreed to let them plant the tree in your garden for you, would you complain some time later if the tree undermined the foundations of your house?

[yeahbutif]

The way I see it ...is all the width of the wall on your land? If so you are letting him build on your land..I would just let him build a New wall his side.....there are rules but no body seems to take any notice of how close a building can be build from a boundary wall eh no windows 1 meter with a window 2meter.....

[Susco]

  On 5/6/2021 at 11:08 AM, blackcab said:

 

No, because you agreed to let him carry out the work on a free basis. You would have no contract. Your land, your wall, your responsibility to decide what is and is not good for your property.

 

Their position would be that they are providing you with a benefit for free. If your substandard wall developed problems, then it is up to you to resolve the matter on the land you own.

 

In a similar manner, if your neighbour offered you a tree for free, and you agreed to let them plant the tree in your garden for you, would you complain some time later if the tree undermined the foundations of your house?

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First of all, I have no intention to offer him anything for free. If he want to use the wall, I want to get paid for it. I didn't build that wall for the benefit of others.

 

Do I have an obligation to let him use my wall for free?

 

If he adds 1 meter on top, then he modifies the wall, which obviously had sufficient foundation for the height it was build originally.

[Susco]

  On 5/6/2021 at 11:18 AM, yeahbutif said:

The way I see it ...is all the width of the wall on your land? If so you are letting him build on your land..I would just let him build a New wall his side.....there are rules but no body seems to take any notice of how close a building can be build from a boundary wall eh no windows 1 meter with a window 2meter.....

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My land is 35 meters wide. His plot is about double the width, but includes the entire width of my land.

 

My house is at the least 12 meters distance from the perimeter wall at each side

 

As far as I'm aware, you are allowed to build a perimeter wall on the dividing line, only at street side you have to respect a certain distance

[blackcab]

  On 5/6/2021 at 11:19 AM, Susco said:

Do I have an obligation to let him use my wall for free?

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You do not.

 

  On 5/6/2021 at 11:19 AM, Susco said:

If he adds 1 meter on top, then he modifies the wall, which obviously had sufficient foundation for the height it was build originally.

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If the contract you both sign states that he expressly takes responsibility for damage to the existing wall caused by any addition he places on the wall then you will be legally covered.

 

However, a contract like this is only as good as its enforcement. If his work damages your wall and he refuses to remedy the damage or pay compensation, you will have to pay to take him to Court.

 

However, if you know the wall is not suitable for further additions then why consider it in the first place?

[blackcab]

  On 5/6/2021 at 11:23 AM, Susco said:

As far as I'm aware, you are allowed to build a perimeter wall on the dividing line, only at street side you have to respect a certain distance

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You can build a wall on your own land all the way around your property. You can build to the edge of the land, making sure that all construction including foundations remain on your land. It is the height that is regulated.

[CharlieH]

I would tell him to sort it out himself, dont make his problem your problem.

Build his own wall and leave yours alone, end of story.

[Susco]

  On 5/6/2021 at 11:27 AM, blackcab said:

If his work damages your wall and he refuses to remedy the damage or pay compensation, you will have to pay to take him to Court.

 

However, if you know the wall is not suitable for further additions then why consider it in the first place?

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I'm not a constructor, so I don't know if the foundation is suitable or not. I only consider it because, first of all I may be able to recover some of the cost of the wall, and secondly, I think it will look nicer than when a wall is build right adjacent to it.

 

As for eventual damage, if it is one wall, it mean also his wall is damaged, and I guess he want that repaired any way.

 

  On 5/6/2021 at 11:31 AM, blackcab said:

You can build a wall on your own land all the way around your property. You can build to the edge of the land, making sure that all construction including foundations remain on your land. It is the height that is regulated.

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I checked and where the concrete "chanutes" are in the ground, the wall is actually build half way the chanute

[bkk6060]

  On 5/6/2021 at 10:33 AM, Susco said:

Should I allow them to raise it with 1 meter, because then the side walls on my property are 1 meter lower than the backside wall, and not sure if that will look nice at all.

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Well, no one on here has seen it so Jeez, isn't that really up to you?

[blackcab]

  On 5/6/2021 at 11:39 AM, Susco said:

...and I guess he want that repaired any way

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Typically a developer would fill any noticeable cracks on his side of the wall and then possibly paint or tile his side of the wall. Or plant bushes to hide the cracks. Your side of the wall is not his concern as it will not impact the sale of any units in his development.

 

The developer only has an interest in the development until the last building is sold, then typically they are out of there and onto new projects.

 

Some developers can use a limited company for a single project. Once the project is finished the company is dissolved and almost all liability dissolves with it. Trying to sue a dissolved company in Thailand is going to be a costly endeavour.

[blackcab]

  On 5/6/2021 at 11:52 AM, bkk6060 said:

Well, no one on here has seen it so Jeez, isn't that really up to you?

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It is up to the OP because the wall is his property and it is wholly situated on his land.

[Susco]

  On 5/6/2021 at 11:52 AM, bkk6060 said:

Well, no one on here has seen it so Jeez, isn't that really up to you?

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Jeez, I bet most people on here can imagine how a 3 meter high straight wall looks, with 2 meter high walls on the sides

[Simple Jack]

  On 5/6/2021 at 12:03 PM, Susco said:

 

Jeez, I bet most people on here can imagine how a 3 meter high straight wall looks, with 2 meter high walls on the sides

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Been there, done it. It was not pleasant.

[Yellowtail]

Were it me I would let him do it with the stipulation he pressure wash, render, skim and paint your side of the wall. 

 

Might ask for a warranty as well, but that may be largely useless. 

 

I agree, If he puts up a second wall adjacent to the existing it will look bad.

[RichardColeman]

I have little faith in a stand alone 10ft tall Thai built wall.

 

 

[Susco]

  On 5/6/2021 at 12:33 PM, Yellowtail said:

Were it me I would let him do it with the stipulation he pressure wash, render, skim and paint your side of the wall. 

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My wall is at inner and outer side cladded with slate stone, cost a fortune. It's double brick as well.

 

[Yellowtail]

  On 5/6/2021 at 12:39 PM, Susco said:

 

My wall is at inner and outer side cladded with slate stone, cost a fortune. It's double brick as well.

 

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Well then I would make him use the same cladding on my side.

[papa al]

  On 5/6/2021 at 12:03 PM, Susco said:

 

Jeez, I bet most people on here can imagine how a 3 meter high straight wall looks, with 2 meter high walls on the sides

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Like <deleted>.

[jvs]

Our neighbour had and has the same problem,investor bought land next door and asked if he could ad a meter to the dividing wall.He was told to build his own wall.

The investor added one meter of dirt on his side and later built a two meter high wall

on his land.It looks likes ....now the neighbour is looking at his own two meter wall

and another one meter wall sticking out above it.

I think the main issue is he is now living on a piece of land that is one meter lower then

the investors land.

[RobMuir]

  On 5/6/2021 at 11:19 AM, Susco said:

 

 

 

Do I have an obligation to let him use my wall for free?

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No, if it on your land title, it is your wall. If you argue he can simply build another wall on his land next to your wall.

 

  2 hours ago, Susco said:

 

If he adds 1 meter on top, then he modifies the wall, which obviously had sufficient foundation for the height it was build originally.

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I have personally done this. Just use the light weight bricks. They are a bit more expensive at about 23 per brick and must be "charped" but you shouldn't have any issues. Using the cheaper heavier standard bricks might be a problem.

[Susco]

  On 5/6/2021 at 1:54 PM, jvs said:

I think the main issue is he is now living on a piece of land that is one meter lower then

the investors land.

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I'm lucky the developer will not raise his land, as it doesn't flood, and he's putting in foundations already

[chrisandsu]

  On 5/6/2021 at 11:57 AM, blackcab said:

 

Typically a developer would fill any noticeable cracks on his side of the wall and then possibly paint or tile his side of the wall. Or plant bushes to hide the cracks. Your side of the wall is not his concern as it will not impact the sale of any units in his development.

 

The developer only has an interest in the development until the last building is sold, then typically they are out of there and onto new projects.

 

Some developers can use a limited company for a single project. Once the project is finished the company is dissolved and almost all liability dissolves with it. Trying to sue a dissolved company in Thailand is going to be a costly endeavour.

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Absolutely . Once that last building is sold the developer is riding out of town . 

[bwpage3]

  On 5/6/2021 at 2:21 PM, RobMuir said:

 

No, if it on your land title, it is your wall. If you argue he can simply build another wall on his land next to your wall.

 

 

I have personally done this. Just use the light weight bricks. They are a bit more expensive at about 23 per brick and must be "charped" but you shouldn't have any issues. Using the cheaper heavier standard bricks might be a problem.

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Ridiculous thinking. 

[bwpage3]

  On 5/6/2021 at 12:39 PM, Susco said:

 

My wall is at inner and outer side cladded with slate stone, cost a fortune. It's double brick as well.

 

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How far exactly is your wall from your property line?

 

Is your wall butted up on the edge of where your property line ends and his property lines come together, or is there a space between where your property line ends and his begins?

 

If there is a space, you would be forfeiting your land on the other side of the wall forever.

 

You have a very nice and fancy wall, I doubt the builder will do the same on the other side.

 

 

[clivebaxter]

They probably want to erect partitioning up on top of the wall and not brick etc

[Susco]

  On 5/7/2021 at 2:04 AM, bwpage3 said:

How far exactly is your wall from your property line?

 

Is your wall butted up on the edge of where your property line ends and his property lines come together, or is there a space between where your property line ends and his begins?

 

If there is a space, you would be forfeiting your land on the other side of the wall forever.

 

You have a very nice and fancy wall, I doubt the builder will do the same on the other side.

 

 

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  On 5/6/2021 at 11:39 AM, Susco said:

I checked and where the concrete "chanutes" are in the ground, the wall is actually build half way the chanute

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I assume that the middle of the chanute is where the property lines meet

[bwpage3]

  On 5/7/2021 at 2:07 AM, Susco said:

 

 

I assume that the middle of the chanute is where the property lines meet

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I guess what you are trying to say is your wall is built right ON the property line with his property.  His property line would butt up to the back of your wall?