Party fence wall

Davesnave

princeofpounds wrote: »

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?

I missed the bit where it was clearly stated they had a conversation, but perhaps one can infer that they did.

I suppose this is the sort of thing that happens when one party begins the conversation by email and the other responds in the same clumsy way. It's possible to discuss much more face to face in a short period, and usually better too as the voice tones, facial and body cues aren't missing either.

As I see it, this is a wall of modest height and dimensions which might reasonably be replaced with its centre wherever the previous one was. It's unlikely to be hugely thick. If the OP isn't contributing, then they might not have much say about its finish, but that's certainly important, so perhaps a contribution could yet fix that.

We aren't told why this wall is being replaced. Does the OP not know? Mostly, jobs like this are done out of necessity as they add no value and little utility. I suspect there is more we are not being told here, but now the discussion is off the tracks, the only satisfactory way back is probably a peace offering + tea and cake.

jimbog

Take a number of photos of where the present wall is located. You just never know when they might come in useful

zaqxsw

Some quick points:

1. A party 'fence' wall has a bit of a strange name. It hasn't got anything to do with a fence at all and it relates to a boundary wall.
2. Being a 'party' fence wall in itself gives your neighbour certain rights (you also have rights)
3. Getting an injunction is unlikely to be worth it. Have you got £15,000 to spare (plus more if you lose)
4. The Act CAN be invoked without a notice. I am a party wall surveyor, I know the case law and the Act inside out. You can appoint a surveyor to act on your behalf if you have concerns. He can then write to your neighbour. If the neighbour doesn't respond, a surveyor can be appointed on your neighbour's behalf with a view to serving an award and settling the dispute.

Lastly, it is only a garden wall. Even getting surveyors involved will costs a £1,000, so not sure if it is worth pursuing this. Any thickening of the wall should be on your neighbour's side, not yours - unless you explicitly agree (written consent).

parkrunner

When the builders turn up stand outside with a sledge hammer. Any part of the wall encroaches on your land swing the hammer.

G_M

There are no 'Party Fence Wall rules' as such though you may be referring to the rights of ownership of a fence or wall.

You perhaps mean the Party Wall Act.

The Act is explained here:

https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance