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We bought a house 18 months ago and finally got planning permission 3 months ago to do the same sort of extension as others on the street.
We are extending a wall to a second story - currently an extension and garage - (this will involve knocking down the existing wall and rebuilding it). This wall sits at the boundary line but is not a party wall, it abuts the boundary.
Annoyingly the neighbour (who objected to our planning quite vociferously even though he has done the same extension) has attached a fairly shoddy red brick stone archway to the wall probably around 2006/2007 and also has nailed a logstore to the wall - again quite a long time ago.
We are having to go through the expense and time of the whole party wall process with this neighbour which involves a surveyor etc and we will have to ensure that the brick archway and logstore remain standing and are safe at the end of our build. This may involve some demolition of the archway and retieing it back into our new wall (which will be rebuilt stepped in about 5cm back from the boundary).
What is annoying is that when we brought the house the previous owner, and elderly lady, did not mention this in the boundary section of the report. It seems that she probably wasn't notified about the attachment of these structures to the wall.
Whilst I'm aware I'm probably just going to have to suck this up and accept it for what it is - I'm interested to hear from others who've had similar issues or have knowledge of this kind of thing and alternative ways to resolve it.
Cheers
I would work on the assumption that you would probably need to reinstate structures on his side of the wall, given the length of time they've been in place unchallenged.
Don't think you can challenge the pisstake so far down the line, and, even if he is an arse, you just want to get the thing built.
The wall doesn't have to cross the boundary to be a Party Wall. What does your Surveyor say? Don't forget you probably need to serve notice on your neighbour who can then appoint his own Surveyor
Not too late to do any thing about the piss take off the top of my google land law limitation period is 12 years.
If it's a party wall doesn't he have as much right as you to attach stuff to it?
You'll be needing some footings digging? Bit of concrete to pour?
Almost certainly falls foul of the 10yr rule by now. 12yrs apparently (thanks mBoy)
Neighbour on one side built their garage against the footings of the old garage on my house (before we bought it).
Survey missed it even though the boundary wall (ours) was well on the piss.
Got picked up on the survey for the conservatory against the land registry deeds. Plus we have the original ones from 1934.
5 min "chat" with the then husband at the time of that and the rebuild of our garage and "his " garage wall became ours.
He was knacked because the planning permission for his garage clearly stated 300mm inside of his boundary - NOT 300mm inside ours!
The boundary turned out to be exactly where his drainpipe was.
We were able to do that because he'd only done it that summer when the house was up for sale - he was hoping the "new owner" wouldn't notice that the boundary wall was so shoddily built it curved by almost half a metre into our garden 😯 - that and you could make it wobble with one hand.
He also agreed to split the cost of the new wall as it had to be reinstated and tied into the front of the garage wall.
Perhaps go for a split cost? They've tied stuff to your wall which requires your permission (well the old ladies).
If theres no paperwork saying so - personally I'd leave the arch freestanding unless he is willing to agree to pay for the work to his part of it. The log store can go or he sorts it so it's not attached.
Your only obligation is to ensure his "property" isn't left in a worse state - nothing more.
Thanks for the replies.
1: Its not a party wall - but you still need a party wall notice if its within 3 metres of their foundations.
2: We have a party wall surveyor (joint) he basically says what martinhutch says regarding the length of time the wall has been there.
3: Will look into the land law limitation but suspect that this will involve time and solicitors so think I will have to try and not be bitter but take it on the head 🙂
4: Concrete to pour - Fred West to the forum please.
5: A split cost would be a nice (but unlikely) outcome.
But if it's not a party wall?If it's a party wall doesn't he have as much right as you to attach stuff to it?
Not sure of the exact time period but it's a long time (12 years sounds about right). I checked it when we moved house as like you, our garage is almost at the boundary, and the neighbour has attached their fence to the end of the garage with a small bit at right angles, in effect claiming the gap between our garage and his house.
If the neighbour had attached to your wall, the act of this may itself have made it a party wall. I haven't done party wall matters for ages and I'd need to check my docs. However by doing so if it's judged to have enclosed the wall and made this party there would usually be financial compensation (to you) for them doing so.
You're going to need party wall notices served in any eventuality... and at least you've lucked out with an agreed surveyor - I'd be asking them for advice on this.
Jeff
Not too late to do any thing about the piss take off the top of my google land law limitation period is 12 years.
I'm hoping this is the case, it appears then when I had my garden fenced (15+ years ago) I managed to acquire 6" of my neighbours garden. First time he mentioned it was last month, I'd never really noticed (I didn't put the fence up).