Building a 10 foot wall

Building a 10 foot wall

Postby Freckle » Thu Apr 13, 2017 3:14 pm

Hello,

We are in the process of having a substantial (> 40m2) garage demolished. It is feet from my neighbours new extension. It is being demolished because our neighbour had accidently damaged it following their extension works.

When the garage is demolished we would like to replace it with a wall, same height (10ft) and location of the existing garage. We are unable to rebuild the garage as it no longer serves a purpose due to our neighbours extension, I.e. it crosses over what would have been our ROW but we never used it for a car so no heartache.

1) Will we need planning permission if we are replacing like for like in terms of height and width of the wall?
2) Will we need PWA? I understand it is within the 3 metres of their new extension for digging foundation but I'm not sure the new wall will need more than 1mtre foundation, which would make it a requirement to fall under PWA.... right?
3) Any other thoughts?

Thanks in advance
Freckle
 
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Re: Building a 10 foot wall

Postby despair » Thu Apr 13, 2017 7:42 pm

more to the point
if the neighbours extention crosses over and blocks your ROW
have the deeds been altered
have you been compensated
did you agree
despair
 
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Re: Building a 10 foot wall

Postby Freckle » Fri Apr 14, 2017 9:38 am

Lets just say that they did not notify us of the build, we had to get solicitors involved and we had to force them into the PWA (via insurance company). The insurance company were very confident they should not be building there, put a temporary stop to works, however as we did not use our garage for the purpose of getting a car into in (built in 1964), it would have been very difficult to win our case i.e. usual >51% case. We certainly had SoL to fall back on we were told we had a good chance of winning but we decided that it wasn't worth the hassle or money on pursuing it privately so the building went ahead.
We did ask them to change deeds etc, but to be honest they couldn't care less, they do as they please and our garage was never to their liking as it blocks out the light in their new extension (if you get my drift). Our garage stood undamaged for 50 years until they moved in. This damage has also gone through Insurance and we are just waiting for pay out. We have drawn a line under their 'inconsideration's' as it's been a 3 year battle with insurance companies/solicitors etc.

I look forward to your comments.
Freckle
 
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Re: Building a 10 foot wall

Postby despair » Fri Apr 14, 2017 6:44 pm

the simple fact as i understand it is that now neither of you can sell because the ROW no longer exists and theres no proper alteration of the deeds
surprised your solicitor has not said about this
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Re: Building a 10 foot wall

Postby arborlad » Fri Apr 14, 2017 6:46 pm

arborlad

smile...it confuses people
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Re: Building a 10 foot wall

Postby Freckle » Thu Apr 27, 2017 2:10 pm

It's a little more complicated I'm afraid.

The ROW of the FREEHOLD remains in tact. It was a Leasehold ROW that was breached. The leasehold held the new ROW based on our garage being built. We don't have an issue as such with their build, as it now allows us to do the same. What are your thoughts on the wall being built?

Thanks for your time :)
Freckle
 
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