Boundary issue, party fence wall

Hi I wondered if anyone knows about boundaries? I think I need to check with a solicitor but it would be good to get some info first.

We have, what I understand to be, a party fence wall in our garden to separate us from the property next door. The wall that's there at the moment is very low and it crosses both boundaries. The property register is silent on boundaries.

I'd like to put a higher wall up, I'm getting fed up of the neighbours kids, those delivering post/junk mail walking across our garden instead of walking round. I'd like to know if I can legally build on the wall as it stands or if I would need to build within our boundary.

Unfortunately our neighbours aren't people you can have a reasonable conversation with so I'd like to be sure of our legal position before we proceed.

Thanks

If the deeds don't show which property the current wall belongs to then it's best to build any new one on your land.

This is assuming no other properties have a right of access or anything through your garden? (you could probably still put a gate in if so?)

If it crosses both boundaries and assuming that means straight down the middle you could only build up to the half way mark of the wall if that makes sense. You have no right to build over the boundary as that is your neighbours land.

I would have thought it is more likely that the wall is either on your side or theirs rather than half and half but of course it could be straddling the boundaries.

To be on the safe side I would just build a new wall within your land - there shouldn't be any problems then.

Far simpler to put a high fence up . Building a high brick wall will be very expensive - foundations dug- concrete- thickness of wall due to hieght price of labour / look before you leap.

Elphi

The Party wall Act 1996 etc was introduced to resolve disputes just like this without the need for solicitors, thus saving home owners money and freeing up the courts for more important matters.

If wall in question is a party fence wall, the party wall act allows you to rebuild it to a different height and in the same position as the previous wall.

You would not be allowed to just build on one side of the party fence wall as suggested.

This is an extract from the party wall act.

Repair etc. of party wall: rights of owner.

(1)This section applies where lands of different owners adjoin and at the line of junction the said lands are built on or a boundary wall, being a party fence wall or the external wall of a building, has been erected.

(2)A building owner shall have the following rights—

(l) to raise a party fence wall, or to raise such a wall for use as a party wall, and to demolish a party fence wall and rebuild it as a party fence wall or as a party wall..

Now...

If the 2 owners can not agree on the new height of the wall, then the act states the wall has to be built to a height of 2 metres,

See this extract

(m)subject to the provisions of section 11(7), to reduce, or to demolish and rebuild, a party wall or party fence wall to—

(i)a height of not less than two metres where the wall is not used by an adjoining owner to any greater extent than a boundary wall

So the procedure is as follows, a section 3 notice needs to be served upon the adjoining owner.

If they consent - continue with the works

If they dissent - party wall surveyors are appointed by both owners to resolve the dispute.

The dispute is resolved by way of an award, a legally binding document created by the surveyors.

Certain time frames must be adhered to through the process and notices must contain certain info for the notice to be legal.

Fees for both surveyors are normally paid by the person wishing to carry out the works. (unless an adjoining owner is seen to be increasing the surveyors fees unnecessarily.)

If you need further info or if you decide to press ahead with it and need me to serve notice or in the event of a dissent to act as the building owners surveyor, my contact details are on our web site http://mrpartywall.co.uk/ or simple write to me on here.

We offer a low fixed fee and nationwide service

Good post, Wayne; but note that Party Wall etc awards ought to be noted (at HMLR) against both sides' registered titles. This costs £40 usually.

Jeffrey,

I agree it would be good practice for all awards to be noted at the land registry but this is not in the party wall act etc so can not be enforced or charged for. It would be up to the respective owners if there choose to do it

Jeffrey,

I agree it would be good practice for all awards to be noted at the land registry but this is not in the party wall act etc so can not be enforced or charged for. It would be up to the respective owners if there choose to do it

All because they dont like there neighbours . When the wall has been built [if ever] the neighbours will still be there. May as well move cost of wall will help pay for this. :huh:

I agree it would be good practice for all awards to be noted at the land registry but this is not in the party wall act etc so can not be enforced or charged for. It would be up to the respective owners if there choose to do it

I quote from the Land Registration Manual (ed. David Rees):

In general, the..Act does not affect ownership of land and hence no Notice or other entry may be made...in respect of...a party structure notice, a party wall award, or a notice under s.1(2)...of a proposed new wall.

However,...s.14 provides that the expenses of building a party wall or party fence wall or carrying-out works...may be apportioned between the building owner and the adjoining owner...

[1] The building owner can...protect his ownership rights by the entry of an Agreed Notice.

[2] [For] a party wall agreement which provides that ownership of a wall or fence is split longitudinally...an application can be made..for..an entry in respect of the agreement...

[3] A party wall agreement may also contain the mutual grant of easements [which] constitute a registrable disposition...

All because they dont like there neighbours . When the wall has been built [if ever] the neighbours will still be there. May as well move cost of wall will help pay for this. :huh:

Yep - that's on the cards, we're doing a self-build but just need to find the right plot of land.

Hi I wondered if anyone knows about boundaries? I think I need to check with a solicitor but it would be good to get some info first.

 

We have, what I understand to be, a party fence wall in our garden to separate us from the property next door. The wall that's there at the moment is very low and it crosses both boundaries. The property register is silent on boundaries.

 

I'd like to put a higher wall up, I'm getting fed up of the neighbours kids, those delivering post/junk mail walking across our garden instead of walking round. I'd like to know if I can legally build on the wall as it stands or if I would need to build within our boundary.

 

Unfortunately our neighbours aren't people you can have a reasonable conversation with so I'd like to be sure of our legal position before we proceed.

Thanks

you would be silly not to issue a party wall notice, one of our customers didnt do that with a wall he wanted re-building on the boundary, he said he had the neighbours consent so we started, the next minute a busybody neighbour from across the road stuck her oar in and said she ought to get a surveyour, so we stopped work, the job went from a 4k job to nearly 10k with all the surveyors legal stuff and the extra work we had to do, it was a sledgehammer to crack a nut but expensive for the customer, so beware

Yep - that's on the cards, we're doing a self-build but just need to find the right plot of land.

Yeb you and a lot of other people .The days of finding a nice plot of land at the right price is very hard but keep looking you may get lucky. You prob realised by now a 6 foot fence is best option meanwhile.