On another thread (here), the OP owned a garage to which his neighbour had attached a structure, described as a "lean to". I suggested that if the lean-to had been there for some time, the garage wall might have effectively become a party wall. You said this wasn't the case:
I appreciate the correction but I must admit I don't fully understand the basis for it. As I am presently dealing with a similar issue, I would be grateful if you could expand upon your statement a little.Conveyancer wrote:If you own the whole of a wall and someone attaches something to it or incorporates it into another building, that cannot turn it into a party wall.
Specifically, how do you define a party wall: is it simply a wall that is covered by the Party Wall etc. Act, or does the term "Party Wall" mean something else?
Also, I have a few questions on the particular situation that I am dealing with - which can be sumarised as follows:
Mr A owns a bungalow, the side wall of which abuts, but does not straddle, the boundary line. Then, the owner of the adjoining land (Mr B) extends his house by attaching his single storey extension to Mr A's wall, without Mr A's explicit consent. Assuming that Mr A does not raise any formal objection to this use of his wall:
- (a) Will Mr B eventually gain any rights (e.g. of support) over the wall?
(b) Are there any circumstances (short of an agreement between Mr A and Mr B) in which the wall could become a party wall?
(c) If the answer to question (b) is "yes", would the whole length of Mr A's bungalow wall become party wall, or just the stretch that is common to the two buildings?
(d) If it never becomes a party wall, presumably it will become an "etc." under the Party Wall etc. Act, 1996? By that I mean, can Mr B claim that Section 2 of the Act applies, so that he can raise the wall to build a second storey?