Is new wall a party wall?

[KeefD]

Neighbours of a property we rent out have built a front porch, extending about a metre. Footprint less than 3msq. We have only just noticed. The now ex-tenant didn't let us know whether they had received any communication regarding this porch.

The side wall straddles what I presume to be the boundary line (the division between the two house fronts that is clearly visible on the elevations). I am aware this is trespass, and that, failing an amicable settlement, things could swiftly get expensive. To help me investigate what actions to take, can anyone advise whether the Party Wall Act would apply to the new wall, or would it be classed as an external wall and so fall under different rules?

On a slightly different point, the whole porch seems to have been build directly on the paths with no footings. Would that be a BR point that might be a better (ie cheaper) route for me to follow?

Grateful for any advice.

 

[freddiemercurystwin]

The Party Wall Act is useless after anything has been built. Its is designed to allow neighbours to reach an amicable agreement before any construction takes place not after. You will have to get legal on their ass if they are not reasonable and you consider it is worth perusing. Remember that when each of you come to sell you will legally be obliged to say whether you have had any neighbourly disputes. Porches do not come under Building Regs unless they have removed the front door so whilst they have may not have used foundations unless there is a danger from a structural point of view Building control will have no jurisdiction in this respect.

 

[^woody^]

The PWA is no use to you now for getting any redress. However the wall is now a party wall for any relevant works in the future.

Your only course of action is via the civil courts, but you will have to be sure that the tenants did not give permission for the wall.

In either case, you should formally notify the neighbours that you consider the wall to have been built on your property without your permission and this will at least safeguard your rights against established use/possession claims.

You may also want to consider licencing the use of the bit of land for a fee

 

[KeefD]

Thanks, guys.

 

[chappers]

Woody has pretty much summed it all up.But you really want to sort this as it could get flagged up during a sale of either property.
Personally speaking i would get them to rebuild it or get legal on their arses, you never know how or when this may turn round and bite you on your own arse.

 

[KeefD]

What I've gathered from reading the topics in this forum is that if the neighbours play ball then there won't be a problem, but if they don't then i'm looking at legal bills for more than the problem is worth. I assume the current tenants are renting, so I've done a search for title and will get a solicitor to write something appropriately legal to the landlord. (Although if they turn out to be owner-occupiers I'll try speaking to them.)

The extent of the trespass is about two inches of wall thickness plus the overhang of a uPVC window cill and an openable fanlight. Very little, but enough to cause us problems when we come to sell, I think - especially the window, which is invariably open.