Party Wall

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Shauney76
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Party Wall

Post by Shauney76 » Wed Aug 05, 2015 3:08 pm

Afternoon, I live in a terraced house and we have a party wall dividing us and our neighbour on the street behind us , the wall has no collapsed along with our neighbours wall next to our house and there wall with the house on the street behind us, the wall is a party wall as the deeds dont indicate who owns it, myself and my neighbour have received quotes to put up a fence instead of rebuilding the wall with cement posts .

The neighbours on the higher ground are saying a fence wouldnt be stable enough as eventually there gardens would slip into ours and are insisting on looking at rebuilding the wall which is considerbably higher,it also looks like the wall has collapsed party as a result of some decking one of the street behind us house had put down not to a very good standard.

The houses on the other street are on the upperside and we are on the lower side so the rubble has collapsed into our gardens , I am trying to see if we can object to building a new wall and put a fence up instead or can we insist they pay more than us if they insist on this cause of of action.

Thanks

Collaborate
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Re: Party Wall

Post by Collaborate » Wed Aug 05, 2015 3:31 pm

If it's a party wall you need to read up on the Party Wall Act. In the event of a disagreement this governs how the court would deal with it. You can be made to contribute to the wall's repair/replacement.

Shauney76
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Re: Party Wall

Post by Shauney76 » Wed Aug 05, 2015 4:09 pm

Thanks yes I have read up on the party wall act, my pint is if we offer one solution and then want a more expensive replacement do we have the right to object to this and instruct the fence to be built

Collaborate
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Re: Party Wall

Post by Collaborate » Wed Aug 05, 2015 5:23 pm

Have a look at para 8 of this:

https://www.gov.uk/government/publicati ... pplement-3

Although government advice isn't law, and it isn't backed up with case law, it is the only place I've seen an answer to the question of whether a party wall can be changed absent agreement of all the owners. The answer appears to be no.

However, your neighbours are entitled to expect it to be rebuilt as it was. You can't insist on a fence. They can't insist that the new wall is higher than the old.

Also, when the side wall is replaced with a fence the PWA will cease to apply.

arborlad
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Re: Party Wall

Post by arborlad » Wed Aug 05, 2015 5:36 pm

Shauney76 wrote:Afternoon, I live in a terraced house and we have a party wall dividing us and our neighbour on the street behind us ,
Thanks

How old are the properties, are you in a conservation area?............this could have an impact on how you proceed.
arborlad

smile...it confuses people

MacadamB53
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Re: Party Wall

Post by MacadamB53 » Wed Aug 05, 2015 9:02 pm

Hi Shauney,

I must have missed the bit where you explained how you know it is a party wall...

Kind regards, Mac

ukmicky
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Re: Party Wall

Post by ukmicky » Wed Aug 05, 2015 9:46 pm

MacadamB53 wrote:Hi Shauney,

I must have missed the bit where you explained how you know it is a party wall...

Kind regards, Mac
It's because neither house knows who owns it.

That can on occasions be a sensible way to approach a situation like this but it legally does not make the wall a party fence wall.

If it is a party fence wall the neighbour has the right to repair it and because both properties will derive the same benifit the costs will be shared 50/50 .

2 options

Refuse to agree that it's a partywall and either fight for its total ownership by saying its on your land or give up any rights you may have over it and say it's on theirs.

End garden walls are very rately partywalls and normally stand wholly one persons land
Advice given is not legally qualified and you are advised to gain a professional opinion

MacadamB53
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Re: Party Wall

Post by MacadamB53 » Thu Aug 06, 2015 11:38 pm

Hi ukmicky,

the wall is a party wall as the deeds dont indicate who owns it

that's all we have to go on so far - but, as you already know, deeds being silent about whose land a retaining wall stands on does not mean the owner cannot be readily identified by checking when (aka why) it was built...

Kind regards, Mac

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