Party Wall or not Party Wall, that is the question

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JJ999
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Party Wall or not Party Wall, that is the question

Post by JJ999 »

Any people in the know ? help v.much appreciated !
Deeds say this .,.. ( T is in my land )

The transferee hereby further covenants with the company at all times hereafter to maintain repair and renew the fence or other boundary on the side or sides of the plot marked T within the boundary of said plan provided that any retaining wall erected along boundary of the plot with the adjoining land comprised in the estate and that part of any wall of the buildings on the plot supporting any building on the adjoining land comprised in the estate are deemed party walls and shall be maintained jointly by the transferee and the registered proprietor for the time being of such adjoining land.

Thanks in advance !
MacadamB53
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Re: Party Wall or not Party Wall, that is the question , lol

Post by MacadamB53 »

JJ999 wrote: Thu Jun 20, 2024 9:35 am Any people in the know ? help v.much appreciated !
Deeds say this .,.. ( T is in my land )

The transferee hereby further covenants with the company at all times hereafter to maintain repair and renew the fence or other boundary on the side or sides of the plot marked T within the boundary of said plan provided that any retaining wall erected along boundary of the plot with the adjoining land comprised in the estate and that part of any wall of the buildings on the plot supporting any building on the adjoining land comprised in the estate are deemed party walls and shall be maintained jointly by the transferee and the registered proprietor for the time being of such adjoining land.

Thanks in advance !
sorry - I can’t see any questions…
JJ999
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Re: Party Wall or not Party Wall, that is the question , lol

Post by JJ999 »

Sorry if unclear, the question is whether or not the boundary wall between properties is a party wall reading and analysing the deed statement previously mentioned.
Thanks
Collaborate
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Re: Party Wall or not Party Wall, that is the question , lol

Post by Collaborate »

It’s a very poorly drafted paragraph. Anything that isn’t clear on first reading is poorly drafted.

It seems to confirm that the marked fences fall wholly within your boundary, but beware in case your neighbours plots say the same.

If you have a wall marking a boundary then if it is a retaining wall it is deemed to be a party wall. If you have a wall marking a boundary and it supports any adjoining building then that too is a party wall. Otherwise, and subject to what the other plot holders have in their deeds, you own the wall.
MacadamB53
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Re: Party Wall or not Party Wall, that is the question , lol

Post by MacadamB53 »

Collaborate wrote: Thu Jun 20, 2024 4:44 pmIt seems to confirm that , at the time the deed was made, the marked fences fell wholly within your boundary, but beware in case your neighbours plots say the same.

If there was a wall marking a boundary then if it was a retaining wall it was deemed to be a party wall. If there was a wall marking a boundary and it supported any adjoining building then that too was a party wall.
Collaborate
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Re: Party Wall or not Party Wall, that is the question , lol

Post by Collaborate »

Mac

Won’t it be assumed that the walls either are the original walls, or they are replacements built in exactly the same place as the original, unless proven to the contrary? I believe they would.
JJ999
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Re: Party Wall or not Party Wall, that is the question , lol

Post by JJ999 »

Thanks all contributers - Really appreciated !!
*There's one further additional thing worth pointing out.( Sorry forgot this bit ...)
About 25 years ago the builders I appointed knocked down a section of this retaining wall and rebuilt as the same so they say...it's this bit that has fractured a little where it ajoins.
Builder contacted not trading under original name and crawled back in his hole.

Question : Is this sufficient time enough not to have full financial responsibility if party wall ?
MacadamB53
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Re: Party Wall or not Party Wall, that is the question , lol

Post by MacadamB53 »

from duplicate thread:
JJ999 wrote: Sun Jun 30, 2024 10:12 pm Hi all,

About 24 and half years ago my builders knocked and rebuilt a section of a possible party wall.
This section has now started to fracture a little and possibly not built as should? although builder said it was.
** Am I wholly financially obligated to rebuild? **

Surely after so long is there any regulations that say after a certain timescale it's joint ?

Thanks all, look forward to hearing from you 👍
1. a party wall is exactly that - jointly owned
2. neither owner is financially obligated to maintain it
3. both parties would be partially liable were the wall to cause damage
Guess who
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Re: Party Wall or not Party Wall, that is the question , lol

Post by Guess who »

If the newer part of the wall has fractured slightly where it adjoins the original wall this could be settlement and may not get any worse. If it has deteriorated over time and the crack got bigger it would be better to do any repairs sooner rather than later.
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