Access to property

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despair
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Re: Access to property

Post by despair »

Struggling to picture how it can be a party wall if theres a sideway for the OP

Yes a diagram would help
workzone2019
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Re: Access to property

Post by workzone2019 »

Hi All

I haven't done any work to the building. The title deeds state that all dividing walls with the adjoining house are party walls.

The scaffold does make a difference whether it is one day or 10 days. It will block the garage and driveway (used frequently). Plus it is 1-day job at best. I had the same work done years ago on my property and it took half day.

The bottom line is I will grant access but not for 10 days and given the previous damage I would prefer to have some insurance for damage.
IdefixUK
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Re: Access to property

Post by IdefixUK »

Is your house a semi, or is it in a terrace with the neighbouring house?
Diagram please.

Regards
workzone2019
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Re: Access to property

Post by workzone2019 »

Hi It's a semi. I've attached a diagram. The boundary is the thicker line in the middle. The dotted line represents one brick, which runs from our side all the way up. It is part of our house from the bottom upwards. After our property, it continues upwards and forms part of the neighbours outer wall.

I have also found today that they are not repairing the gable boards but replacing them with a uPVC and also replacing their soffit and facias with uPVC. So this is part of a larger project. Looking through old threads on this gardenlaw it may be that this is not "repair" or "maintenance" but an improvement and thus may be outside of the deed.
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despair
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Re: Access to property

Post by despair »

As usual cant see the picture /diagram

But replacing soffits and fascias with UPVC is still not a 10 day job
IdefixUK
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Re: Access to property

Post by IdefixUK »

If your diagram is showing the two houses side-by-side, and that the roof level of your neighbour's house is higher than on your house, then your thread begins to make some sense. So far as I'm aware the wall with the 2 house buildings on either side is a party wall, but the wall from your roof level up to the roof of the neighbour is not classified as a party wall (inspite pf the fact that it is a continuation of the wall below). If I'm right about this then the Party Wall Act has no part in your situation.

Repairs and maintenance v improvement.
I think legally you should consider replacing soffits and fascias as R&M rather than an improvement.
On the "up-side" the UPVC should outlast timber and require hardly any maintenance, so logically you will not be bothered by these works again for many a year.

Regards
workzone2019
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Re: Access to property

Post by workzone2019 »

despair wrote: Fri Nov 20, 2020 1:20 pm As usual cant see the picture /diagram

But replacing soffits and fascias with UPVC is still not a 10 day job
I totally agree. The facias and soffits are on the front and back. Thus neighbour doesn't need access from our property to do that. They only thing they need access for is the bargeboards on the side. That should be a half-day job. We had the same thing done it was completed in around 3 hours.

I think it is completely unreasonable to put scaffolding down on our property (on front overhead and back) for 10 days for a half-day job. I spoke to our insurer's legal helpline this afternoon and their view was that changing from wooden windows to upvc is an improvement and thus changing the bargeboards from wood to upvc is also an improvement - and even more so if completed as part of whole scheme of works. Confused? I am!
Collaborate
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Re: Access to property

Post by Collaborate »

IdefixUK wrote: Fri Nov 20, 2020 6:23 pm If your diagram is showing the two houses side-by-side, and that the roof level of your neighbour's house is higher than on your house, then your thread begins to make some sense. So far as I'm aware the wall with the 2 house buildings on either side is a party wall, but the wall from your roof level up to the roof of the neighbour is not classified as a party wall (inspite pf the fact that it is a continuation of the wall below). If I'm right about this then the Party Wall Act has no part in your situation.

Regards
I really don’t understand the logic that the lower part of a wall can be a party wall but the upper part is not. I’m satisfied you’re wrong about this. It is one wall. The neighbour can serve a notice under the PWA. They will have to pay for you to appoint a surveyor to look after your interests but you are stuck with whatever the surveyors agree between them.
Clifford Pope
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Re: Access to property

Post by Clifford Pope »

Collaborate wrote: Sat Nov 21, 2020 9:47 am

I really don’t understand the logic that the lower part of a wall can be a party wall but the upper part is not. I’m satisfied you’re wrong about this. It is one wall.

http://www.mypropertyguide.co.uk/articl ... y-wall.htm
Collaborate
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Re: Access to property

Post by Collaborate »

Clifford Pope wrote: Sat Nov 21, 2020 3:01 pm
Collaborate wrote: Sat Nov 21, 2020 9:47 am

I really don’t understand the logic that the lower part of a wall can be a party wall but the upper part is not. I’m satisfied you’re wrong about this. It is one wall.

http://www.mypropertyguide.co.uk/articl ... y-wall.htm
So? What relevance does that have to my comment?
workzone2019
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Re: Access to property

Post by workzone2019 »

The property deeds say that the dividing walls are party walls.

And the very first brick of the wall (all the way up) and where indicated in red on the diagram is on our land. So everything to the left of the red line is on our land. It is the width of one brick (10cm I think).
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Collaborate
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Re: Access to property

Post by Collaborate »

Just because someone's written "not a party wall" on a drawing doesn't make it logical or correct. However in the case of this diagram the boundary is to the left of the wall. So the wall is a Party Wall in that it is one of the type of walls subject to the Act. Does that accurately describe where the boundary of your plot is? You said otherwise I think.
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