Party Wall Advice

Hi there,

Just joined because I would appreciate some advice on a party wall issue.

My neighbour and I share a party wall which is falling down. On my neighbour's land he has an extension to his property which is a few inches away from the party wall on his side. He has proposed the following:

1) He will remove the existing party wall.
2) He proposes that the existing extension wall will become part of the new party wall.
3) He will the continue the party wall in line with his extension and restore the 'return' for our garden gate.
4) He will render and make good the new party wall and side of his extension which faces our property.

The reason I am asking for advice is that the land which the existing party wall sits will then sit within our property. He has stated that this would benefit us however I am mindful that when he moves on there may be a dispute over this boundary.

Any advice would be appreciated.

I have looked at the Party Wall Act 1996 and this gives example notices and agreements which may serve as some kind of contract but i'm not sure if they would be legally binding on any future neighbours.

Thanks

Hi Super Slick,

From your mention of the Party Wall act, I presume you are located in the UK. AAM is an Irish site, so experience of this act or other pertinent UK legislation will be limited.
Leo

The Land and Conveyancing Law Reform Act 2009

http://www.hayes-solicitors.ie/news%5CEveryoneNeedsGoodNeighbours.htm

The Land and Conveyancing Law Reform Act 2009has introduced specific provisions dealing with party structures. It came in to force on 1 December 2009. If you own a property or land you can carry out works to the party structure in order to:
· comply with a notice or order served on you,
· to carry out development which is exempted development or development for which planning permission has been granted,
· to preserve a party structure,
· to carry out other works which will not cause substantial damage or inconvenience to your neighbour.



A “Party Structure” means any arch, ceiling, ditch, fence, floor, hedge, partition, shrub, tree, wall or other structure which divides property. It includes structures that are on your neighbour’s property or those which straddle the actual boundary line.
“Works” include:
Maintaining, repairing, replacing, strengthening, taking down, cutting hedges and trees, clearing ditches and carrying out inspections.
The new laws do not give you the right to do whatever you want. If you cause damage when you are carrying out the works you must make good the damage or reimburse your neighbour in order to allow them to do so. You must also pay your neighbour the reasonable costs of them obtaining professional advice to advise them on the consequences of the works which you purpose carrying out along with reasonable compensation for the inconvenience caused by the works.
You should bear in mind that if the works that you are carrying out will be of benefit to your neighbour you may in certain cases be able to claim a contribution from them.
If you fail to make good the damage within a reasonable time, you fail to reimburse costs or your neighbour fails to meet your claim for contribution then an application can be made to court.


If you simply cannot agree with your neighbour then you can apply to court for an order authorising the carrying out of the works and this is called a “Works Order”. The court can order the carrying out of the works on such conditions as it thinks is necessary. These conditions may be such as to allow you to enter on to your neighbours land to carry out the works and the order may require you to either indemnify your neighbours for any damage you may cause or give security to your neighbours. The works order cannot authorise a permanent interference with or loss of any right which your neighbour may have in relation to the party structure such as the right to light.

DBK100
http://www.mesh.ie

This seems to be a good thread to post up neighbour / boundary / party structure issues that people have encountered with their homes and how they were / were not resolved.

The above piece of legislation appears to be fairly wide-ranging. It remains to be seen how it will be enacted or will it have any effect on the typical 'small' issues that get seriously out of hand. Recourse to the courts will most likely, and should, remain a last resort. Issues should be dealt with in a neighbourly manner if at all possible.

But what happens when you come up against an obstructive neighbour who really just doesn't care about legislation? Its a civil matter so the Gardai can't help. Injunctions and court actions are costly, take time, and may even be something that many typical home owners can not even consider.

As an architect and a homeowner I have seen the effect of these issues from both sides. They cause stress, anxiety, time, money...

If we share some knowledge & experience here it may well be very helpful to someone:
- planning an extension, - who's neighbour is planning an extension, - who has new neighbours making incorrect assumptions about boundaries etc, - who needs to agree maintainence of boundary walls & fences, - has had damage caused to party structures (or indeed their own structure mistaken for a party structure), - has been affected by encroachment, - needing access to unblock common drainage etc...

DBK100
http://www.mesh.ie