Party wall or not?

[jeds]

Whether or not a wall separates two rooms between properties is not relevant; only whether or not it straddles the boundary.

The OP already said it does not straddle the boundary. If it did then it would be a party wall type a.

 

[jeds]

That's a catch 22, as the area can't just be enclosed without the neighbour's permission to attach to the external wall

Agree. The OP said the neighbour is happy with the proposal. I don't see a problem simply agreeing it. This happens commonly and I have never known it to be an issue.

it is that permission that will create the party wall not the PWA

No. Once enclosed it will fall under definition of party wall and under the act will be a party wall.

Pyramus and Thisbe commentary on this states; "Since a wall is defined as party under paragraph (b) when it separates buildings, it becomes so as soon as a building is placed against it, and there appears to be no defined period for acquisition of party wall rights."

 

[^woody^]

Agree. The OP said the neighbour is happy with the proposal. I don't see a problem simply agreeing it. This happens commonly and I have never known it to be an issue.


No. Once enclosed it will fall under definition of party wall and under the act will be a party wall.

Pyramus and Thisbe commentary on this states; "Since a wall is defined as party under paragraph (b) when it separates buildings, it becomes so as soon as a building is placed against it, and there appears to be no defined period for acquisition of party wall rights."

How will it be enclosed without connection to the exterior wall in the first place?

Someone can't just knock up a polythene lean-to and claim it is enclosed. The enclosure must be that of a proper room, which requires formal approval for the work, which firstly requires permission from the neighbour to connect to his wall to create the enclosure, and that will be what creates the party wall.

Whilst the PWA defines when a wall may become a party wall, the Act itself does not create.

 

[MattChan]

Actually I'm not sure exactly where the boundary line sits. My neighbours driveway and my garden are in front of the wall. The line between the drive and the garden is roughly at the mid point on the wall if that makes sense?

It was the surveyor who took a quick look at the plans who said it was the neighbours wall

 

[^woody^]

Actually I'm not sure exactly where the boundary line sits. My neighbours driveway and my garden are in front of the wall. The line between the drive and the garden is roughly at the mid point on the wall if that makes sense?

It was the surveyor who took a quick look at the plans who said it was the neighbours wall

Well the wall separating your house is clearly half yours as you probably have nailed pictures to it, and the neighbour has never come in to decorate "his wall"

But as for the bare brickwork on the outside wall, by convention that wall wont belong to you, or half belong to you, but fully belongs to the neighbour and the boundary runs up the face of the wall and around the soffit and gutter.

 

[MattChan]

Understood. So its a trip to the solicitor then as the way forward?

 

[^woody^]

Understood. So its a trip to the solicitor then as the way forward?

You will likely need a surveyor (to describe the situation) and a solicitor (to interpret the situation in a legal context, and draft any documents)

 

[MattChan]

Just another question, if the outside of the wall forms the boundary for the neighbours property does that boundary line then extend down and step out on to my side for the foundations and bit of roof that over hangs?

 

[^woody^]

Effectively yes if as built, alternatively the foundations and roof overhang normally have what is known as an "implied easement", which means they are allowed to overhang your property. The result is the same either way.