Party wall, Tresspass?

Party wall, Tresspass?

Postby loosecannon100 » Tue Oct 11, 2016 9:48 am

My neighbour has built a conservatory 2 years ago.


we have planned to also build an extension in the near future. It has come to our attention the neighbour has built, effectively, a party wall (see attached).

This we do not mind, but the addition of a window will be. when we have our extension done we will have no choice but to brick up the window.

I just need advice

Regards
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Re: Party wall, Tresspass?

Postby Collaborate » Tue Oct 11, 2016 10:15 am

You allowed them to build a window in to a party wall?

Why on earth.......?

Rights to light may accrue after 20 years use
http://www.right-of-light.co.uk/calculation.php

You would have to follow the Party Wall Act procedure if you want to build on the wall.
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Re: Party wall, Tresspass?

Postby loosecannon100 » Tue Oct 11, 2016 11:11 am

Collaborate wrote:You allowed them to build a window in to a party wall?

Why on earth.......?

Rights to light may accrue after 20 years use


You would have to follow the Party Wall Act procedure if you want to build on the wall.


Regardless of how it got this far :oops: I just want to know what I can do about it now. However the basic embarrassment of the result - It's built, it's there. I take the flack for all that.

I now know what I should have done, it wasn't until someone pointed out to me that the window ledge is on my property.

Belive me I'm frustrated at my ignorance . But if you don't know, you don't know.

But moving forward, is there anything I can do....
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Re: Party wall, Tresspass?

Postby MacadamB53 » Tue Oct 11, 2016 11:32 am

Hi loosecannon100,

is there anything I can do

in what regard? bricking up is window?

you can't do that.

what you can do, though, is build right up against it.

it's likely you're going to have to issue a Party Wall Notice and I'd be surprised if they consent - which means you'll have to pay for a surveyor for yourself and them (and possibly a third).

would it not be a good idea to offer replacing their window now - because it is affecting your privacy and enjoyment of your property - before any talk of extensions.

Kind regards, Mac
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Re: Party wall, Tresspass?

Postby loosecannon100 » Tue Oct 11, 2016 12:03 pm

MacadamB53 wrote:Hi loosecannon100,

is there anything I can do

in what regard? bricking up is window?

would it not be a good idea to offer replacing their window now - because it is affecting your privacy and enjoyment of your property - before any talk of extensions.

Kind regards, Mac


The problem is, for me, is that I don't think it was built to be a party wall. the wall is new, built same time as conservatory. I think it should be on his land. But again, too late for me to realise.

This has been a sobering moment and will be a hard pill to swallow. :oops:

Thanks for your response though.
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Re: Party wall, Tresspass?

Postby despair » Tue Oct 11, 2016 2:16 pm

i suggest you see if the neighbours have considered your side of things now you want to build since you can block their window

you need co operation and agreement now not all out expensive war
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Re: Party wall, Tresspass?

Postby ukmicky » Sun Oct 16, 2016 11:07 pm

Its not a party wall. A party wall can only come about through agreement ,acquiesce in respect of a party wall type B or by court order. The window ledge overhanging wouldn't make the wall a party wall.


If it is overhanging your property the party wall act allows you to remove the overhang if it

1. Prevents your build

2. You can prove its over your land.

3.Serve a proper notice under the party wall act and make good the repair to their building.

The Law allows them to legally challenge your right to remove the overhang because you allowed them to put in the windows without challenge and did nothing since.


Who would win ,I don't know.

As to blocking the light from the windows they have gained no right to light yet so you can build up in front, blocking them.


If it were me I would tell them I plan to build an extension and it will be built in front of their windows preventing them from opening them. As they will not be able to open them in the future and they will build up dirt and will never be able to be maintained you would like to give them the chance to remove them and replace them with brick which will in the long run be the best solution.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Party wall, Tresspass?

Postby arborlad » Mon Oct 17, 2016 8:36 am

loosecannon100 wrote:My neighbour has built a conservatory 2 years ago.


we have planned to also build an extension in the near future. It has come to our attention the neighbour has built, effectively, a party wall (see attached).

This we do not mind, but the addition of a window will be. when we have our extension done we will have no choice but to brick up the window.

I just need advice

Regards




We'd need to see a photo from the other direction to get a better idea of how much (if any) of the conservatory is encroaching.

It's been designed with no soffits or guttering overhanging, which is a bonus for you.
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Re: Party wall, Tresspass?

Postby COGGY » Mon Oct 17, 2016 11:59 am

Hi Experts
Please understand that I do not understand the technicalities of the position. However I would like to ask a question. If the OP's neighbour has built over the boundary, and it has only been in situ for two years, is it possible that he could discuss the matter with the neighbour and request to use the neighbour's wall (if it is on OP's property) as part of his extension, i.e. key into the wall so that the OP only needs one layer of brickwork? Seems like a solution to me. :) Regards Coggy
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Re: Party wall, Tresspass?

Postby arborlad » Tue Oct 18, 2016 10:57 am

COGGY wrote:Hi Experts
Please understand that I do not understand the technicalities of the position. However I would like to ask a question. If the OP's neighbour has built over the boundary, and it has only been in situ for two years, is it possible that he could discuss the matter with the neighbour and request to use the neighbour's wall (if it is on OP's property) as part of his extension, i.e. key into the wall so that the OP only needs one layer of brickwork? Seems like a solution to me. :) Regards Coggy




An excellent solution it would be, in different circumstances..............everything about it would have to be agreed to beforehand and properly documented, shared costs of one of the footinngs - big advantage, in these circumstances (aside from any other possible issues) the footing for a conservatory would not be considered adequate for an extension.
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Re: Party wall, Tresspass?

Postby MacadamB53 » Mon Dec 12, 2016 12:05 am

nothingtodowithme wrote:
would it not be a good idea to offer replacing their window now - because it is affecting your privacy and enjoyment of your property - before any talk of extensions.

Kind regards, Mac
MacadamB53




The windows are high level and obscure,suggestions of affecting privacy and enjoyment are absurd. :roll:
it might've worked though :D
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Re: Party wall, Tresspass?

Postby COGGY » Mon Dec 12, 2016 11:17 am

Do the windows in question open? If so then please please please take action as a point of some urgency. I speak from experience. Coggy
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Re: Party wall, Tresspass?

Postby arborlad » Mon Dec 12, 2016 12:43 pm

COGGY wrote:Do the windows in question open? If so then please please please take action as a point of some urgency. I speak from experience. Coggy




Agreed, an opening window is going to have a far greater impact on the OP than a non opening one.

As the thread has been inactive for a couple of months, which is the same amount of time since the OP last visited...............why is it being responded to now?
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