Party Wall - dispute

[ianbowie]

Hi,

My neighbour and I share a party wall of a 2in slab.

I believe that they are looking to change this into a brick wall and I think they will do this without issuing the Party Wall documentation.

Reading the booklet on the party wall , they seem to be able to increase the width of the wall.

This seems ridiculous as they could in theory increase the size of the wall by several feet over my boundary.

Q1. In the case where they have not given notice etc under the Party Wall Act, does this mean that the benefits of being able to work on my land / cause damage do not apply.

Q2. Is there any limit on how far over my property they can come with the wall?

Q3. If I issue a Party Wall notice , does this take precedence and can I then knock down their wall and build another. I agree that this would be never ending and give lots of money to surveyors!

The main reason for raising this is that I believe that they will be changing the shape of the boundary from curved to straight line using my land to do it.

Regards

Ian

 

[^woody^]

What do you mean by a party wall of a "2in slab"?

You then go on to mention issuing a notice to knock down their wall. So what is it, their wall or a shared wall?

The PWA gives no rights to alter boundaries.

 

[ianbowie]

Sorry I will try again.

The party wall (defined in the deeds) is made up of 2 inch deep slabs standing upright embedded in concrete. Currently this is a curve.

I suspect that the neighbours are going to replace this with a straight wall and this will eat into my land.

Reading the leaflet, the wall would need to pass through the boundary but could be 4 feet wide (exagguration!). It seems that as long as some part of the wall lies across the boundary or is near the boundary - then it satisfies the act.

Is this a true reading of the act?

Picture is

Untitled

• ianbowie
• 10 Dec 2012
• 1

 

[TonyW2]

This looks like trouble! Could be time to check out your insurance policies for legal help.
That is not a party wall. (an internal wall used by two properties)
It may be a party fence wall, but your deeds are the definitive answer.
The deeds should hopefully show that it actually belongs to one or the other of you; in that case, the owner may rebuild it but only with its "face" along the existing boundary, and with no further encroachment.
If the deeds are silent, then costly boundary disputes arise, but neither party can build onto the others land, except that any footings underground may do so.
If it is a party fence wall---and from the nature of the structure I would doubt it---, then the party wall act comes into play, with all the costs and problems if both parties cannot amicably agree.
Re width--if consent is withheld, then the owner doing the building must only build with the face on his own land.

 

[noseall]

That's not a party wall.

It is some slabs delineating the boundary.

 

[TonyW2]

When do slabs stop being landscaping and become a retaining wall?
Keep the legal profession in comfort.

 

[^woody^]

It most likely would fall under the definition of a wall.

However, for it to be a party fence wall relevant to the Act, then it must sit astride the boundary. Unless the deeds actually define the boundary, I would find it unlikely that the boundary line runs down the middle of those slabs.

But I can't see what the problem is. If he starts work, just tell him.

And yes you are reading the Act incorrectly regarding wall thicknesses. Your hypothetical situation could not occur

 

[ianbowie]

Thanks for all the replies to date.

The deeds define these slabs as party walls. (long before the party wall act).

I believe that he will knock down the slabs( His workman) and help himself to the land.

The slabs are defined as jointly maintained and neither party should weaken them.

As these are the only thing that marks the boundary, I believe that they may be a wall under the act.

However, if they are not party walls under the act, do I need to allow the workman access to destroy them and some of my land.

If they are party walls , I believe that my neighbour could extend them (increase them in size is an example in the booklet).

The neighbour has already breached a previous party wall act action and the surveyors voted that the extension was so nice that it should not be knocked down.

 

[kingandy2nd]

Have you spoken to your neighbour about their intentions?

 

[ianbowie]

I have not spoken to the neighbour, we "fell out" when they came over the boundary before!

 

[rjm2k]

[removed]

 

[kingandy2nd]

Previous fall-outs aside, you should go and have a chat with them about their plans.

From what I have read, it’s all speculation about what the neighbour may or may not do without actually knowing at all. You may be getting worked up over nothing.

Given it’s the season of goodwill towards all men (and women), go round there with a Christmas card and a bottle of wine. Bury the hatchet about your previous issues and have an adult chat about what is going to happen with the new wall/fence and set your expectations out.

In my opinion it’s the most sensible thing to do, and who knows, you might be able to restore normal relations with your neighbour which would make living next to each other a more pleasant experience for years to come.

Even if it fails, least you can then take the moral high-ground that you offered the olive branch

 

[^woody^]

With some neighbours, the only place to bury the hatchet is in their head

 

[rjm2k]

I had assumed yours was the left property but looking at your other posts re the neighbours soakaway it appears you are on the right, is this correct?

 

[ianbowie]

Many thanks to all for your posts.

Mine is on the right as you look at the property.

At least, they may move their bins which has guarded their property for the last 3 years .

Regards

Ian