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Unusual Party Wall Situation!
Comments
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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!
Yes it does sound fair. It's their wall, virtually, because they benefit from it and their garage is rubbish, primarily because they built onto a rubbish wall. All of the waterproofing elements for their garage should be on their side of the wall!
I can see that you both hold some responsibility for its present condition, but if this were a brand new wall, they would be paying for it in its entirety and you would reimburse them for half of it IF you then subsequently built off it yourself...Everything that is supposed to be in heaven is already here on earth.
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If it really is a party wall, so built astride the boundary or originally shared between the 2 properties, then a party wall it is. Just because the OP no longer uses it does not alter the facts.
At the very least, if the OP has exposed the party wall then they are obliged to make sure it is weathertight. That could be a fairly simple temporary covering, permanent cladding or re-building the wall.
If the wall itself requires repair or rebuilding then technically the cost should be shared between both owners. However, you would like to think common sense and good neighbourlyness would prevail. If the OP has exposed the wall I would suggest making a token offer of say £250 - £500 (or a figure of their liking) to the neighbour for them to repair/rebuild the wall in lieu of OP providing weatherproofing to their exposed side.0
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