Neighbour building new higher wall next to boundary

Yorkie1234

The side of my house is the boundary between my house and next door. At the back of the our houses there's a low wall built on my neighbour's land up to the boundary which seems to be cemented to my house. There's a fence on top of this wall with the fence post on my side level with my house.

My neighbour came around to tell me that he was taking the small wall down and replacing it with a higher wall.

What I'm wondering is is he entitled to cement this higher wall to my house as the current lower one is at the moment. I'm a little concerned as they have sons who play football against a brick wall at the bottom on their garden and am wondering if they do this with the new wall will we feel it in my house.

Ozzuk

Hmm, only thing I can think is that he would need a party wall agreement if its in any way interacting with your house wall. You could always ask him what his intentions are. Or pre-mpt them by saying "Are you going to leave a gap between my house and your wall so we can avoid any party wall agreements?"

27col

There is absolutely no reason why you should have next doors wall "cemented", as you put it, to your wall. Tell them that under no circumstances will you agree to that. If they want a new wall then it should be completely free standing.

Yorkie1234

Thanks for your replies. I understand that the neighbour can't attach anything to my house wall without my agreement but as the current (low) wall is attached I wondered if it had set some sort of precedent.

I looked on the internet but can only find info about new attachments.

Gastines3

As the existing posts are on your side,the norm would be that it is your wall and boundary.Look on the deeds of your house and this should be pointed out.If so your neighbour can't do as he pleases.

cyclonebri1

Gastines3 wrote: »

As the existing posts are on your side,the norm would be that it is your wall and boundary.Look on the deeds of your house and this should be pointed out.If so your neighbour can't do as he pleases.

Where did that come from?? Regardless it doesn't matter which side of the fence the posts are in that case, it's simply where the boundary lies.

Anyway,as said earlier, he isn't entitled to attach anything, this wall included, to your property unless you give permission, and if he had any sense he would ask for it in writing.

The party wall act will apply anyway if this wall is up to your boundary regardless of whether you allow him to "attach it"

Now here's the real issue, there are no building reg requirement for garden walls other than they must be constructed safely, and you have already mentioned the kids.
If he builds up to your boundary then his foundation must lie partly on (under) your side. This is where the PWA comes in as for 1 thing it states he must build substantial and robust foundations, it has to be part on your property hence the need to agree on this.

The other issue is how good are the existing foundations?, often these are pathetic as I said as there is no BR requirement for garden walls.

Question is will they be adequate, (safe) for the increase in height and weight?

The other point is this also may affect any plans you had to extend to the rear, you would have to undermine his wall foundation, again there is info in the PWA about this.

The good thing is you are talking about it before the event

2 things I'd do if possible, dig down on your side and see what lies under the wall and what size are the existing foundations.

Secondly you need to know exactly what he is going to do before he starts so you have the confidence that he knows what he is doing.

You also should put a document together in agreement if you can. It's a cheap option to involving PWA vultures who love these issues. There is a template for such in the appendix to the PWA if I recall correctly.

I'm only trying to make you aware of this as I was recently involved in an issue not dissimilar to yours apart from the attachment bit. I had to replace a retaining wall that was leaning badly. The foundation were laid well across the boundary, but the big issue was next doors garden was 3ft higher than mine, but unisually the wall was mine, it caused major damage to their garden as half of it collaped into mine, but we had gone through all this and a single sheet of A4 had covered it. No PWA solicitors involved.

mttylad

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