We want to demolish our Garage....

fluffymuffy

We want to knock our garage down and put up a fence, or build a new one - probably both.

The garage is completely on our land but the surface on the boundary has been decorated with paint and mirrors and trellis by our neighbours. It does look nice on their side - but the garage is in a bad way and even the neighbours agree it will fall down soon. But they want us to keep the wall which borders their garden. Even though it's on our side and we'd have to build another skin of brickwork against it to keep it from falling down as it's very thin and needs to be part of the garage to stay up. They've even offered to pay "some" of the costs of this work.

I just want it demolished and a new fence there. Then we can decided what to do about a new garage or not and it's no one's business. I think if they want a wall to decorate they should build their own - on their own land.

They say they've been onto the council and they've got a letter to say we have to write to them (the neighbours) about it. I haven't seen this letter - but the Planning Department didn't send it as we just asked them.

Is it really true that they've gained a right to use our garage wall in this way - so we have to keep it there for their convenience? I've heard of the Party Wall Act and wondered if this applied - but our garage is not on the boundary.

Dennis99

I'm no expert but surely they had no right to "decorate" your wall in the first place!

sloughflint

Dennis99 wrote: »

I'm no expert but surely they had no right to "decorate" your wall in the first place!

Absolutely. If people need to ask permission to grow plants up a neighbours fence, I'm sure the same must apply to a garage wall; particularly so if it's not even on the boundary.

fluffymuffy

I think they might have done it before we moved here. We haven't been here long and there is much to do - starting with knocking down that garage, I'd hoped.

I'm worried what will happen now - it's bound to be unpleasant. What if we break their mirror trying to get it off? I'm not sure how it's fixed.

sloughflint

You might need to be clear in your mind now if you want a garage in its place or not. If you demolish and want to build an identical one, you will need to seek planning permission and it may not be granted. That's what happened to us with an old summerhouse. Luckily we were granted permission but it wasn't automatic.

sloughflint

fluffymuffy wrote: »

I think they might have done it before we moved here.

Irrelevant. They tampered with someone else's property.
http://www.adviceguide.org.uk/index/family_parent/housing/neighbour_disputes.htm#Commonneighbourdisputes

sloughflint

fluffymuffy wrote: »

I'm worried what will happen now - it's bound to be unpleasant. What if we break their mirror trying to get it off? I'm not sure how it's fixed.

It doesn't have to be unpleasant. You can do whatever you choose ( subject to PP) on your property. You can accomodate some of their wishes if it suits you but not otherwise. As long as you given them enough time to dispose, they must remove their own belongings.

prudryden

The Party Wall Act 1996 could probably apply in this case. Go to www.communities.gov.uk and look for publications. You will have to send him a written notice of your plans, he will then either give consent, object, or do nothing. If he objects or does nothing, it is automatically considered a dispute. He has a right to appoint a surveyor at your expense and the surveyors will make an award.

never_enough

If you want to be neighbourly then just drop a note through their door a week or so before the work starts saying that demolition will commence on XX/XX so they have a chance to remove anything they want or it ends up in the skip.

As previous poster says be clear what you want to do first, then speak to planning & get it all ok'd before discussing with your neighbour.

prudryden

Even if Planning gives the go ahead - it doesn't affect your legal obligation under the Party Wall Act 1996. You need to ascertain first whether it applies in your case.

prudryden

How is the boundary established between your two properties?