Party Wall or Boundary Wall?

Neighbour has cut my downpipe

Postby lady63 » Thu Nov 17, 2016 5:03 pm

Hello. I live in a staggered terrace house and part of my house (about a metre of wall) is in next doors garden. Attached to the wall is the down pipe that drains rainwater from my, and my neighbours the other side guttering. The down pipe drains into a soakaway into next doors garden. They wanted to move my down pipe to build a rear extension (under permitted development) but were told they had to leave it there. So they have now started digging the foundations (no drawings available, they say) and I asked that they leave adequate space for my other neighbour and I in case of maintenance.
I have just had reason to walk down the back alley and as they have removed their fence I was shocked to see that they have cut my down pipe about halfway down! They have 'stuck in' (not properly attached) a bit of old piping at a right angle! Obviously they want to divert it for some reason. Can they do this? Is the down pipe my property? My main concern is my wall becoming damp. Thank you in advance for any help. PS. My neighbour is not a builder and when I questioned this he said it's just DIY!
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Party Wall or Boundary Wall?

Postby lady63 » Thu Nov 17, 2016 6:03 pm

Hello. Re: my previous post. Part of my house wall is in next doors garden. Is it a party wall or a boundary wall does anyone know?
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Re: Party Wall or Boundary Wall?

Postby ukmicky » Fri Nov 18, 2016 1:27 am

lady63 wrote:Hello. Re: my previous post. Part of my house wall is in next doors garden. Is it a party wall or a boundary wall does anyone know?


It would depend on why you believe its in next doors garden. Why do u believe its in next doors garden ?
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Neighbour has cut my downpipe

Postby ukmicky » Fri Nov 18, 2016 1:29 am

Its your property
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Party Wall or Boundary Wall?

Postby lady63 » Fri Nov 18, 2016 10:10 am

Hope this photo helps.
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Re: Party Wall or Boundary Wall?

Postby lady63 » Fri Nov 18, 2016 10:17 am

Apparantly my photo is too big. My neighbours are set back from me. So being a terrace part of the wall of my house is in their garden with our down pipe attahed.
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Re: Party Wall or Boundary Wall?

Postby MacadamB53 » Fri Nov 18, 2016 10:56 am

Hi lady63,

I think I've got an idea of the layout...

the external wall of your house abuts their garden and your downpipe is attached to this wall - have I got that right?

Kind regards, Mac
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Re: Party Wall or Boundary Wall?

Postby lady63 » Fri Nov 18, 2016 11:21 am

Thank you for post. Yes, it's about a meter of my wall(my kitchen the other side).
The wall is nearly in line with the fence.
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Re: Party Wall or Boundary Wall?

Postby lady63 » Fri Nov 18, 2016 11:47 am

Please see my other post "Neighbour has cut my downpipe"
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Re: Neighbour has cut my downpipe

Postby pilman » Sun Nov 20, 2016 4:43 pm

The previous answer may be too simplistic.

If the wall was declared to be a party wall then the side facing the neighbour's garden may belong to that property.

Then your down pipe will probably be part of an easement allowing your rainwater to discharge into a soak-away located on that property.

That could mean that the down pipe is the neighbour's property although it cannot be prevented from continuing to discharge into the existing soak-away if it will now be redirected around an extension to be built.

Normally a soak-away has to be located a minimum distance of 5 metres from a house wall, so if the extension is built towards the location of the soak-away that new back wall may not be 5 metres from an existing soak-away.

That may be a problem for the new part of the building in the future but as long as your rainwater is allowed to discharge down the pipe, even if that pipe is redirected at some point, I do not think you have any reason to think that would be wrong as long as the easement to discharge water on to the neighbour's land is still being observed.

The extension will need to be inspected by a Building Control Officer so you could contact building control to mention what is happening and ask that this be inspected during the course of building work proceeding for the new extension.

You can also query whether the existing soak-away will need to be replaced with a new one and if so will the new connections be inspected to ensure that the rainwater from the two adjacent properties will be correctly disposed of.

On this occasion the Building Control Surveyor does need to act on your behalf because building regulations will apply to the discharge of rain water from the new extension, as well as from existing original dwellings.
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