Footings crossing boundary between neighbours

[thetcutkid]

why would you turn a detached house into a semi? or link detached, by butting them up?

They're all terraced.

In answer to your question, I've got no idea but as I say, with such a miniscule gap between them which is gonna allow the weather in etc. what do you do about maintenance ?

 

[motorbiking]

see //www.diynot.com/diy/threads/s...-party-wall-notice.464780/page-2#post-3724013

 

[thetcutkid]

Thanks for that info motorbiking, I did not realise this...and on checking with cousin, neither did they.

 

[motorbiking]

in my case my neighbours garage was 2.6m away from the wall of my new ext. I was tempted to lose a foot, but neighbours were OK signing, given they'd extended their garage the year earlier and not done one. they couldn't very well argue.

 

[thetcutkid]

Without wanting to take my own post off topic...what are the real benefits of the PWA ?

I can see that reading some other threads on the forum people are saying it doesn't really offer anything that doesn't already exist in common law - if my neighbour damages my wall without PWA in place, then I could take them to court ?

So does a PWA just make it easier to get recourse if damage is done without the need for me to engage the services of a solicitor and go to court where I might not win the case ? If the party wall surveyor confirms damage has been done, are things rectified quicker without the need for a court hearing etc ?

 

[jeds]

Without wanting to take my own post off topic...what are the real benefits of the PWA ?

The PWA has it's place when things are complicated. I've done several for large developments involving multi storey basements and dozens and dozens of adjoining owners. Such developments would be almost impossible to manage without the act. But, in my opinion, the act catches small scale developments disproportionately and in the majority of cases it's money for nothing. On the other hand you occasionally get a complete barsteward of a neighbour or builder who causes next door no end of problems and then the act can come in handy. So what do you do. I've always reckoned there should be a lite version for domestic work but don't ask me how that would work?.

 

[^woody^]

The PWA allows you to put foundations on your neighbour's land, without them moaning about it.

That's one benefit.

 

[noseall]

We (usually me) mediate with the neighbours. Make them fully aware of what is going on PRIOR to any disruptions. I will often go around with an envelope in my pocket as a kind of 'thanks' for their cooperation. Call it land rent, money for new daffodils or a creeper or whatever. Money usually works every time. Cheaper than poxy surveyors and expensive letters.

 

[^woody^]

envelope

So it's you that contributing to the corrupt 'something for nothing' society then.

And causing poor surveyors to forgoe one holiday per year.

 

[noseall]

So it's you that contributing to the corrupt 'something for nothing' society then.

Fraid so. But not strictly true. On our first job this year we worked on a property with a private road running along side, leading to two back-land houses. I paid each of these owners that shared this drive so that I could back the delivery lorries down their drive, enabling me to deliver the mat's over the fence - right where I needed it. The price of a restaurant curry saved me £££.
No objections to scaffold either.

And causing poor surveyors to forgoe one holiday per year.

Use that week to rent the (empty) Villa out thus giving you a wee bit of income.

 

[chappers]

Without wanting to take my own post off topic...what are the real benefits of the PWA ?

Not a lot, but in this case it would have to take into account your concern over the ridiculous 2" gap and as Woody says would grant you permission/reasonable access from a vexatious neighbour.
The big problem though is that there is no penalty in law for not invoking the act and your only recourse to get the act invoked would be a court injunction.
One thing to be aware of on the point of building right up to your cousin's extension is whether he has overhung the boundary , say with the eaves of his extension or any guttering, this could be further fuel for his vexatious neighbour.
In the case of damage you would still have to go through court to get your money but the award would form part of the evidence
As Jeds says in small scale development the act quite often throws up problems it was intended to solve i.e neighbourly disputes.

 

[thetcutkid]

Many thanks for all the replies, I do appreciate it.

Picking up on the point regarding reasonable access / allowing foundations to cross the boundary line, is this regardless of what's built on the neighbours land at the point your foundations cross over ?

i.e. if I was gonna build a structure half way down my garden for example with foundations that cross the boundary line but at a point where, in my neighbours garden, there was nothing but lawn, would I still need a PWA in place to cover my ass ?

 

[^woody^]

with foundations that cross the boundary line but at a point where, in my neighbours garden, there was nothing but lawn, would I still need a PWA in place to cover my ass ?

Why would you wan to do that, as opposed to keeping the foundations within your own boundary?

To do what you propose you would need to build a wall on the boundary, and it will become a party wall, and with that comes the neighbour's right to use it for whatever he wants.

 

[motorbiking]

best place to ask the question about PWA benefits is a legal forum not a DIY forum. no offence.

But a summary is: since they cannot be issued retrospectively the failing party is always on a wrong foot if there is a claim for damages. Normally A claims B damaged C and B puts A to strict proof. A must prove B caused damage. when a failure to serve notice occurs, the burden shifts such That B must disprove his work damaged C. not an easy thing.

 

[thetcutkid]

Why would you wan to do that, as opposed to keeping the foundations within your own boundary?

To do what you propose you would need to build a wall on the boundary, and it will become a party wall, and with that comes the neighbour's right to use it for whatever he wants.

Sorrry I'm not going to do that it's purely hypothetical its more a case of me thinking up scenarios and what ifs based on learning a little more about PWA's

You mentioned earlier on that a PWA allows you to put foundations onto your neighbours land and I was just thinking is that dependant on what's the other side - if it's close to their own foundations or party wall I get the point of a PWA but if there's no structure or foundations, is a PWA still required if my foundations were to cross the boundary ?