Hello ,my neighbours demolished their garage which was adjoinig mine.The wall which used to sepearate the two garages which ran the length of the garages is a party wall, the dispute has been resolved after solicitors ,engineers and surveors got involved as they did not issue a party wall notice.This was about 2 years ago , now i have water coming in through a damaged part of the roof where it joins the party wall -how do i get access to there garden to repair this , because of this dispute things turned ugly and they were issued asbo's by the police where do i stand legally ???
Neighbourly dispute
- Thread starter jaguar1
- Start date
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Reciprocal access easements are commonplace, and often, but not always, documented in the property deeds.
You should give reasonable notice (one week, say) that you wish to cross the boundary to perform essential maintenance.
When you do it, have a friend or two with you, principally as witnesses to your actions, but also as backup just in case you need someone to either phone the police or break out the pickaxe handles.
There would be no harm in consulting the police first, given the ASBO situation.
You should give reasonable notice (one week, say) that you wish to cross the boundary to perform essential maintenance.
When you do it, have a friend or two with you, principally as witnesses to your actions, but also as backup just in case you need someone to either phone the police or break out the pickaxe handles.
There would be no harm in consulting the police first, given the ASBO situation.
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The problem now is that any outlay on maintenance doesn't benefit your neighbour, but did the question of their contribution not arise during the previous legal dispute?
If not, then why not? What was the dispute, and how was it resolved?
If not, then why not? What was the dispute, and how was it resolved?
If you can't do the work from your side, and the neighbours wont let you in to their property, then you would use "The Access the Neighbouring Land Act 1992" (via the court) to get acess.
The court will grant you necessary access
You can't "just go onto their property", whether a friend witnesses it or not
The court will grant you necessary access
You can't "just go onto their property", whether a friend witnesses it or not
My neighbour 2 doors along alowed me into their garden so i could see the other side of my garage , their is a piece of flashing about 6" deep by about 6 feet long which has come off the top of the wall where it joins the roof and is lying on the floor this has been like it for about 4 months.
My neighbour has not bothered to inform me of this , this explains why the inside of my garage wall is wet. As this wall is still a party wall do my neighbours have a duty to inform me of this damage to OUR wall as failure to do so is has lead to water damage to my garage ?
My neighbour has not bothered to inform me of this , this explains why the inside of my garage wall is wet. As this wall is still a party wall do my neighbours have a duty to inform me of this damage to OUR wall as failure to do so is has lead to water damage to my garage ?
strikes me you want your cake and eat it, you have a dispute with the neighbours and they end up with asbo's and you think they should be nice now and tell them your lead has come off.
Can you not do the repair from on the roof then there is no need to get the neighbours involved
Can you not do the repair from on the roof then there is no need to get the neighbours involved
I cannot do the repair from my side , why can't i have my cake and eat it , this dispute took 2 yrs to resolve was stressful laid out £1100 in solicitors fees , all i want to do is put the flashing back . As its a party wall we are both responsible for the upkeep of the wall or am i wrong on that bit ??
Its only a party wall if the Party Wall Act is invoked - ie if you are doing work under the PWA.
Otherwise its not a party wall, just a garage wall.
If you re-read my previous post, then that will tell you how you will get access if access is otherwise denied
Otherwise its not a party wall, just a garage wall.
If you re-read my previous post, then that will tell you how you will get access if access is otherwise denied
Yes it is a party wall as its included / mentioned in the pwa award , thanks for the advice on access but i was also asking as its a party wall ie jointly shared then should we not be going halfs on the repair after all they created this problem by removing their adjoing garage.
He's already said that it was deemed to be a party wall in the previous dispute.
No - they should pay the entire bill, because their negligence has caused the damage.
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