Party Wall Query?

D

DaveD

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Since all the legal heads hang out here I thought this the best place to ask...

Our neighbors are building an extension (no planning permission required) and have asked if they can replace about 12 feet of the current boundary with the external wall of their new extension. This will mean a couple of fence panels and about two feet of existing wall demolished and replaced with new wall.

The builders will need to put in new foundations for the length of the new wall and obviously need access to our garden to do so. The guttering for the extension will be on their side of the new wall. The wall will be plastered and painted to match the existing wall that will remain. They have said that we are free to use this new wall as part of any future building work we may do (none planned at the moment). We would probably grow some climbing plants up the wall to disguise it.

We're quite happy for them to build and see no reason not to allow the new wall to be the new boundary, rather than force them build a few inches inside their side of the existing boundary which seems ridiculous.

They're very nice people and we get on very well and see no reason why this should change. However, as nobody can foresee the future is it wise to get a party wall agreement drawn up to protect both parties in the future. If either party decides to sell I assume prospective purchasers will raise the party wall issue. So, if it necessary or not?

If so what costs are involved and who woul dbe expected to pay them?

Thanks
DaveD
 
MY dad had the very same situation. Neighbours built on party wall and said he could use the new wall for any extension in the future.
Subsequently the guy sold the house, my parents decided to extend and the new neighbour told them to get lost and not go near the wall.
Now they have an extension that is not as big as it should have been and it looks awful and uneven at the side which approaches the neighbours.
It has definitely effected the house value.

On another note, My wife really like one of the houses we were viewing about 6 months ago, but i saw that the neighbours had built on the party wall, so would not agree to buy the house. You can guess why.
 
Hmm , get them to confirm their verbal assurance in writing .

As long as the neighbours say in writing what they have said verbally , eg that the New Party wall and the FOUNDATION for same which comes into your garden are deemed to be the foundation for any structure you choose to build on your side and that no further permission is required if you choose to do so.

You then write back 'accepting' their kind offer and thanking them for their clarification of the agreed conditions . As part of that letter you confirm that their builders have access to your garden for the purposes of

"Laying The Common Foundation Under the new Common Party Wall which is an integral Part of Their extension and for blocklaying/rendering and finishing off the same extension "

While IANAL that should do it if there is any issue in future and it should not encumber your house.
 
Had a similar request in the past from neighbours. Wanted to knock boundary wall and use their external wall of extension as new boundary wall with the understanding that I could build against it in future

I refused because
1. They could sell and I would have to approach new owners down the line
2. I might want to sell and it may become a sticky point for prospective buyers

They went ahead and built within their own confines and their guttering juts out to my side but still within their wall. The extension looks ok and has no negative impact on me. They lost a foot in space by having to build inside

At the time, I felt terrible for refusing but many friends and relatives advised they had been screwed in the past
 
I just rang planning office and they said that you cant build anymore with the boundary wall, would must build new wall which can be right up against this boundary wall,
 
Well technically you can build up to a party wall, however all new planning grants that involve building in any way close to a neighbours property state that you must agree in writing with your neighbour the status of any overhanging elements.
In saying that, it is ALWAYS good practice to check out the plans your neighbour may have if there is a planning notice up. A certain "architect" comes to mind, who has a habit of applying for planning permission on property that doesn't belong to his clients.
Trust me, even reputable architects have been known to make mistakes like that!
 
Thanks for all the replies folks, we've decided to do the sensible thing and have it formalised by solicitors. An added expense but probably wise, who's to say what happens in the future between either current or future owners of either house. We're all happy to do this so just waiting on solicitors now!

DaveD
 
DaveD, in my view a good choice. Getting it legal will lessen any future headaches for either your title or your neighbours.
 
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