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Our neighbor is planning to build an extension which is all and want to build a party wall.
In the process they will be knocking down our coal shed that houses the washing machine and dryer and taking up some of our patio to build the wall we are fine with this as they obviously have to replace which they have agreed to, now if we agree to the party wall and which will be in our garden for 4 meters instead of a fence that wall is now half owned by us to do as we want with etc part of the stipulation to agreeing them building, does this mean we will now be responsible for the wall should it crack say in 5 yrs or it subsides etc ?
Id rather they built on inside of their boundary and we weren't put out at all, all they will be gaining is 6 inches to there width of the room !
we are using the same party wall surveyor as our neighbor cant help feeling hes swaying their way rather than staying neutral...
advice gladly taken (will be speaking with the surveyor in the morn but would rather be armed with info)
many thanks I am now away from the comp for 2 hrs
Means when you build an extension there is already a wall to use?
A fence directly in front of a wall makes it hard to maintain the wall/fence?
Cant you nominate an owner of the wall, just being 'party' means you have rights to it later, but not maintenance up until that point? <pretty wild guess mind
if you say no build it on your land then the problem disappears.
I would negotiate with them with this as the nuclear option
As you let them build it on your land I would get them to agree the upkeep is their responsibility persoanlly
This document by the Royal Institute of British Architects will help explain all the legal nonsense in relatively plain terms:
I've not dealt with party wall issues before (or read the linked doc for a good while), but it sounds like your neighbour is building on your land for no good reason. Tell him to build on his own land!
Good document Jay.
To me it basically says, if you agree to the party wall but make no use of it then you dont need to share in costs until such time as you do make use.
If you dont agree, he can build it on his land, so what 6" back? and still dig into your garden to make foundations, and youd still have a wall to look at.
"If a building owner proposes to build, on the line of junction, a wall wholly on his
land, he must, at least one month before he intends to start work on site, serve
notice on any adjoining owner stating his intentions and describing the work that
he intends to carry out. [b]Above ground level, the wall has to be built entirely on
his own land, but any necessary footings or simple concrete foundations below
ground may project into the adjoining owner’s land. [/b]The building owner can place
such foundations any time within the 12-month period, beginning one month
after the day that the notice was served.
[b]The adjoining owner has no right to refuse to allow the building owner to project
simple foundations over the boundary,[/b] but reinforced or ‘special foundations’
may not be placed on the adjoining owner’s land without his written consent."
Depends on the situation, but if your getting a wall (you are) may as well be one you can use in the future?