Boundary wall question

25 Apr 2013
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United Kingdom
We are going to replace the flat roof on our garage with a pitched roof. The garage sticks out at the front of the house and, facing from the front, the left side of the garage wall is the boundary between us and our neighbour's front open garden. We are opting for boxed guttering as he didn't want us overhanging his air space. Despite knowing about this job for some months and with it due to start in next week or so, he now wants a party wall agreement. Can someone help - we have looked for example letter online re party wall act, but no one section appears to cover this. Our architect was of opinion it wasn't necessary, but neighbour is adamant.
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PWA is i guess a safety net, in that it is there to protect neighbouring properties that can be affected by building works etc.

Does the neighbour have any issues regards potential damage to his property or is this down to rights of access?
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We would need access, and we were happy to write a statement re any danage caused, but he insists it is a party wall act issue. The irony is he has previously put a fence up attached to back of garage which does not go in line with garage boundary face/wall, encroaching on our garden, to the point that some of our patio is in his garden! Something for another day!
Unbelievable what some people will do.

There are people on this forum that think it is ok to steal other peoples land as long as you give some back at the end of your garden, even if it is a lot less useful.
When we bought the property, the previous owners' stated that this boundary was his. Not sure how we go about establishing this. Later we are going to replace patio and will have to re fence as patio needs to be lowered. This could get more interesting as we would want to re establish definite boundary. Looks like will do party wall act letter and try to ascertain what he sees as his boundary. We have always tried to accommodate neighbours and no issues, so this is a new area for us. Not trying to cause you problems he says with a smile, then does just that, whilst brushing away the fence situation with a smile!
The PWA will not apply unless you are raising a party wall. You can't serve a PW notice if the Act does not apply
If it's your garage wall, surely it's not a party wall anyway? As per 'W', can't see how the Act would apply.
That was our thinking, but he was insistent.
However, after speaking to a party wall expert, who reiterated what we thought, he has accepted that the party wall act is not applicable. So we have typed a letter re access and our promise to make good any damage. All good....for now until the back garden fence needs replacing! Another issue for another day.
Many thanks for your help.

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