Boundary Wall Rights

oberoneight
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Re: Boundary Wall Rights

Post by oberoneight » Thu Mar 21, 2019 7:26 pm

I have a copy of the official deeds and plan - we got them from Land Registry when we moved in. They are signed and have a red seal on them - the quote in my previous post came from that document. The boundary is shown on the official plan as a red line with no T's.

Collaborate
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Re: Boundary Wall Rights

Post by Collaborate » Thu Mar 21, 2019 7:44 pm

As Mr Sheen has pointed out, the definition of party walls seems to exclude garage walls. Therefore the plan is irrelevant. The wall doesn't become a party wall simply by virtue of it ceasing to be a garage wall. How it starts off, it will continue.

oberoneight
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Re: Boundary Wall Rights

Post by oberoneight » Thu Mar 21, 2019 10:38 pm

Just getting this straight. You're saying that if the garage is removed and the wall on the boundary is rebuilt, it's still a garage wall, even though there is no garage. Is it not just a wall?

ukmicky
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Re: Boundary Wall Rights

Post by ukmicky » Thu Mar 21, 2019 10:58 pm

The deeds say the garage wall is not a party wall . If you remove the garage the wall which was originally part of the garage ,or any wall built on its footprint will not suddenly become a party wall half owned by you.

The deeds only relate to the situation at the time the estate was built and have no effect on future changes
Any information provided is not legal advice and you are advised to gain a professional opinion

Collaborate
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Re: Boundary Wall Rights

Post by Collaborate » Fri Mar 22, 2019 12:08 am

Imagine that one of your neighbours built a garage using part of the existing boundary wall. Imagine they then told you that meant they owned the wall now that it was a garage. What would you think about that? Object much?

What your position is is this, only in reverse.

siteone

Re: Boundary Wall Rights

Post by siteone » Fri Mar 22, 2019 3:11 pm

A garage wall can be a party wall if it is built astride the boundary – you would need to refer to your property deeds to confirm. If it is not a party wall but rather your neighbour’s boundary wall he can extend it up without invoking the Act. If the plan is to demolish the garage and replace it with a 2 storey extension then that may well be notifiable under section 1 of the Act and possibly Section 6 depending upon how close it is to your property.

All of the concerns that you mention are planning related and would not come within the jurisdiction of the appointed surveyor(s) even if the work was notifiable. The point of the Party Wall Act is to minimise the chance of damage and inconvenience to you during the course of the works rather than protect the value of your property.

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