Party Wall Agreement for garden wall?

[veedubberman1]

Hi,

Apologies if this is in the wrong section (moderators please feel free to move it).

I have a question regarding party wall agreements and garden walls on the boundary between 2 properties.

Here is our situation:
We live in one half of a 1950's semi detached property, the front gardens are divided by a 1m (approx) high brick wall which runs on the boundary of the property (from what I can tell from the plans). It is my neighbor's wall (again from what the plans show and he mentioned it when we moved in 5 years ago). It is in need of repair due to it being pushed over by the roots of a tree in the front garden (tree has been removed as it was diseased) and general age of the wall.

Our neighbor has made noises about getting the wall fixed/rebuilt but as the foundations straddle the boundary and will likely need replacing due to the tree roots disturbing it, will he need to get a party wall agreement as the foundations will be half on our property and they will have to dig up a planted flower bed?

In principle I am happy for the wall to be replaced and new foundations dug but my wife has spent a lot of time and money getting the bed looking nice and this is now going to be disturbed.

Also we are planing a single story extension to the rear of our property which will need a party wall agreement and I have a feeling that our neighbors are going to be a pain about it. I am hoping that if he needs a party wall agreement to do the front garden wall we can come to some sort of arrangement i.e. I'll sign your one off if you sign mine off, without having to incur a massive bill from party wall surveyors.

Thanks for your time and for any replies.

 

[Diver Fred]

Sounds like you need tocome to a sensible agreement with the neighbour more than the wife. Especially if you wish to do some building on the boundary yourself. One thing I'd look at is to get the 'Party Wall Agrement' sorted such that your extention has a cavity straddling the boundary so if or/and when your neighbour or successors wish to do similar the boundary work is ready and there is minimal disruption to your property. It can be done. Saves hassle and both parties have similar amounts of space. It will also stop haviing a small gap between the extentions which are harbours for rubbish and damp.

Good Luck.

 

[^woody^]

It's a boundary issue and not a PW matter.

A PW agreement is not needed, as the foundations can go wholly on the neighbours side.

Removal of the existing foundations, and even building a wall in general may well cause some disruption to the flower beds which you need to allow for, but the Act wont apply. You just deal with it sensibily - they take care and put the bed back to as it was.

For the rear, you may not need to use the PW Act, and can in many cases design so that it is not needed.

 

[veedubberman1]

wgt52, thanks for your reply.

A sensible agreement what I'm hoping to achieve, the wife I can deal with! I'm hoping we can build on the boundary at the back to maximize space and like you say it would be a benefit to them if they wanted to do the same.

Do you think he'd need a party wall agreement for the wall in the front garden?

 

[veedubberman1]

Woody, thanks for your reply.

This is where I'm struggling with the party wall agreement wording as it refers to any excavations within 3m of your neighbors boundary etc. The wall for the rear extension, ideally would be on the boundary or at the very least the foundations would extend under our neighbors land so I think from what I'm reading would come under the party wall act.

As for the front, the foundations would have been the same as the wall straddles the boundary and the foundations would have to be wider than the wall itself so be on/under our land.

In the end I want our extension to go through with the minimum of hassle as possible so i'm hoping that we can reach some agreement over the work he wants to do and we want to do an not rack up any unnecessary costs.

 

[garyo]

For the 3M rule it's 3M to the neighbouring building, rather than to the boundary, regardless of where the boundary might be between the two points.

 

[chappers]

As for the front, the foundations would have been the same as the wall straddles the boundary and the foundations would have to be wider than the wall itself so be on/under our land.

.

Not really, it's only a 3 foot high wall, could easily build right on the edge of the foundation and keep the wall wholly in his garden, doesn't change the position of the boundary

 

[^woody^]

the party wall agreement wording as it refers to any excavations within 3m of your neighbors boundary

It's laying new foundations within 3m of a neighbour's foundation and lower than the neighbour's foundation.

A good designer would design out the need to invoke the Act. And you would only use it if you needed access to the neighbour's land.