Party fence wall

Mandolina1

Hello,

I wonder if anyone can help? My neighbours emailed me to inform me that they would be knocking down the wall which is right next to our respective front doors and divides our front gardens, and rebuilding it. I was quite surprised by the abruptness and because they made no attempt to suggest they might show me their plans for the new wall etc. They then said they were considering widening the wall, which would clearly encroach further onto my pathway, which is within my legal demise. Again, they didn’t show any awareness this might not be ok. I therefore waited a couple of weeks to weigh up how best to respond and then sent a clear, fact based email, explaining that as it’s a wall not a fence it comes under the ‘Party Fence Wall’ rules, and that it would be helpful for us both to have that reassurance in case their builder happened to damage any of the brickwork on the front of my house, or my front path tiles etc. They then responded very hostilely, seemingly disputing that a garden boundary wall as opposed to a fence comes under Party Fence Wall, and I don’t know what to do next. If they proceed as they have planned to, what recourse would I have if my house’s front elevation or pathway is damaged, or if they encroach further intonmy prooerty by widening the wall? Their attitude has been quite upsetting but I am trying to keep things factual and neutral, without being steamrollered. Any advice greatly appreciated.

princeofpounds

Well, if they start work, a party wall injunction would be the next step. You will need a lawyer, because you want to be sure your understanding of the party wall situation is correct. Otherwise you make yourself vulnerable to the other side’s legal costs and potentially construction delay costs. No particular reason your understanding is wrong but we don’t know all the details and we aren’t lawyers ourselves.

Breaching an injunction is a criminal offence so it’s a powerful tool.

If you don’t apply for an injunction in time, you can in theory sue for restitution afterwards too.

So you need a consultation with a specialist lawyer so you are ready to move fast if something happens. If you have legal cover on your home insurance, this could be a good time to make use of it.

Also, take photos of the wall to record the condition and position.

Does the neighbour think they own the wall entirely? And how do you know they don’t?

sevenhills

princeofpounds wrote: »

Well, if they start work, a party wall injunction would be the next step.

If this is relating to your neighbour that lives in the adjoining house, could you speak to them, or is there some history of poor relations going back years?

JuzaMum

I imagine a solicitor would be £££'s. I would suggest contacting a party wall surveyor who is likely not to charge you but will charge your neighbour is the work falls under the party wall act.

princeofpounds

I imagine a solicitor would be £££'s. I would suggest contacting a party wall surveyor who is likely not to charge you but will charge your neighbour is the work falls under the party wall act.

Party wall disputes are best solved through the surveyor route, yes.

But it only applies if party wall procedures have been invoked. And they haven’t, yet, as the neighbour appears to be refusing to acknowledge them. And the question appears to be what happens if the work starts unilaterally and without warning.

princeofpounds

sevenhills wrote: »

If this is relating to your neighbour that lives in the adjoining house, could you speak to them, or is there some history of poor relations going back years?

I’m confused - is this a question of me or the OP?

The OP just did try speaking to their neighbour...

Did I miss something?

pramsay13

So your neighbours are going to knock down an old wall and build a new one in its place?

You are assuming it's going to damage your own wall or path?

Is it wider a wider wall so it encroaches further on both properties, or just on yours?

I'm not sure what the issue is here.

I would be grateful they are improving the wall without looking for half the money.

If there is any damage you can deal with it at the time.

jimbog

Mandolina1 wrote: »

Hello,

They then said they were considering widening the wall, which would clearly encroach further onto my pathway

Not necessarily so. Simply say you have no problem with them building a wall that is wider but the extra width can only encroach on their land

markin

What do your deeds say on whos wall it is.

Tom99

Is it a party wall? How does it line up with the party wall between you two houses?

MoneySeeker1

In your position, I wouldn't be going away on holiday any time soon. Just in case, by "coincidence" the wall got done in your absence and you came back home to a fait accompli of extra wall width located on your path.

I've had that myself before now and could see that the neighbours workman was trying to sneakily grab a "bit extra" from within my boundary and was able to stand there and supervise until the wall had been finished (fully within the neighbours territory).