Unusual Party Wall Situation!

gregch

Well, we have, but the situation is a bit sensitive in that it's the neighbour's late husband that built the garage. Hence, it's difficult to challenge the idea that he would never have taken any shortcuts!

gregch

markin wrote: »

Is the a document allowing the neighbor to build on your garage wall?

No, but it wasn't our garage wall - it was built onto the old party wall.

The neighbour demolished everything else that remained of the old place but left the party wall and used it as the back wall of his new garage. Which I guess was technically his right to do, but doing so kept it effectively "semi-detached" since we own our side of the wall, which is on our plot.

gregch

I should probably add that he did have planning permission to build his garage the way he did, although the plans submitted show the party wall as being the back wall of our garage, which it wasn't. (And his house varies quite a bit from the planning approval, but I guess there's a statute of limitations on that, it was like that when we moved here, and I don't want to stir things up any more than necessary!!)

Doozergirl

Well, it sounds like your neighbour was taking advantage of your new garage wall to keep their wall dry, because the party wall wasn't sufficient. If that party wall forms part of their structure, filling it with bits of plywood is not doing things correctly and I would certainly not be paying for a 'proper' back wall for them because they bodged it the first time around.

The more you describe, the more I wouldn't be paying for it.

'you' demolished anything protruding from the structure years ago and they've demolished since.

They've actually been using your next wall to protect them, but that isn't a party wall and you have no obligation to provide them with support or protection from that side.

They are benefiting from the party structure now, you are not and have not for 40? years?

But how bad does it look on your side now?!

Will you post us a photo? Just out of curiosity!!

gregch

Well I think that's exactly right. I can see from their perspective that they didn't have a problem until our garage had to come down, so it'll all down to us!! And so I wouldn't expect to just have them to pay for the whole cost of replacing the wall - but I think I would expect them to at least pay half. Does that sound fair?

I'll attempt to take and post a photo which should give everyone a laugh!

markin

I would not pay anything, Did you actually touch the old party wall at all when taking down the garage?


Before and after photos would be useful, if she ever gets a lawyer involved.

diggingdude

Half sounds more than fair

silvercar

Doozergirl wrote: »

This should be on the 'In My Home' board, but you've already had a reply from a board guide who doesn't think it should.

Hmm. Food for thought.

I thought the advice sought was more of the neighbour relations/ part wall rules/ legal responsibility rather than how do I maintain this wall.

Doozergirl

silvercar wrote: »

Hmm. Food for thought.

I thought the advice sought was more of the neighbour relations/ part wall rules/ legal responsibility rather than how do I maintain this wall.

But it has nothing to do with House Buying, Renting or Selling? It's someone who lives 'in their home', has done for some time and is not going anywhere.

Neighbourly relations, party wall disputes, building regulations, build over agreements where not related to Buying, Renting and Selling should be somewhere else by nature. If In My Home "includes DIY", then what is the rest of In My Home about?

Some posts cross into both, but the Party Wall Act has nothing to do with buying, selling or renting because it isn't even a document that needs to be produced at sale...

gregch

haha funnily enough I nearly posted in the Home one but when I searched similar topics they were all under house buying and selling so I just followed suit!