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  • Petriix
    Petriix Posts: 2,296 Forumite
    Ninth Anniversary 1,000 Posts Photogenic Name Dropper
    edited 28 December 2020 at 12:31PM
    I'm struggling to see how this isn't a party wall - given that there's clearly already a gate attached to it and only the neighbours have any access to that area. [Presumably your property to the rear of the garage is also fenced right up to the garage?]

    Even if the boundary was originally a short distance from the wall, the usage over the past 11+ years would obviously give the neighbours adverse possession.

    As the wall is still standing and no noticeable damage has come to light, it's fair to assume that it is structurally sound. It is therefore extremely unlikely to be subject to any retrospective enforcement action.

    I'm going to go out on a limb here and suggest that the damage to yourself is limited to having to declare a dispute with your neighbours should you ever come to sell. You have literally nothing to gain by even mentioning it to them or you insurers, or anyone. You have lost exactly nothing, which is how much compensation a judge would likely award you if you took them to court. Just forget about it and move on with your life.
  • I agree, Petrriix - it's hard to judge whether it's worth the hassle. The problem is, tho', that the OP knows about it now, so what responsibility is there on him to act on that info - eg with his insurance?

    Not sure it is a Party Wall, tho' - if his deeds show the red outline running along the outside of his garage - as I suspect it will - it is fully his and that wall is not 'party' - ie shared. Mind you, the old neighb has 'made' it a Party Wall... :-( 
  • troffasky said:
    I am just guessing as there are no dimensions but I think it would have been permitted development, so you're not likely to be able to pursue the planning side of things here.
    ETA: although as it's within 2m of the boundary, it can't be over 3m tall; is it?

    If your insurance comes with legal cover, see what they advise. The practical problem for you is that the costs of pursuing a legal route [whatever that may be] will surely vastly outweigh any benefit to you.


    Hard to estimate the height... Might be pushing 3M, obviously it's more than 2M as they aren't hitting their heads on the ceiling presumably.
  • Petriix said:
    I'm struggling to see how this isn't a party wall - given that there's clearly already a gate attached to it and only the neighbours have any access to that area. [Presumably your property to the rear of the garage is also fenced right up to the garage?]

    Even if the boundary was originally a short distance from the wall, the usage over the past 11+ years would obviously give the neighbours adverse possession.

    As the wall is still standing and no noticeable damage has come to light, it's fair to assume that it is structurally sound. It is therefore extremely unlikely to be subject to any retrospective enforcement action.

    I'm going to go out on a limb here and suggest that the damage to yourself is limited to having to declare a dispute with your neighbours should you ever come to sell. You have literally nothing to gain by even mentioning it to them or you insurers, or anyone. You have lost exactly nothing, which is how much compensation a judge would likely award you if you took them to court. Just forget about it and move on with your life.

    The gate is attached to their house. There is a wooden free-standing frame around it that runs right up to our garage wall but isn't attached to it.

    That point about the dispute is a good one. Want to avoid to escalating to anything that would need to be declared.

  • That point about the dispute is a good one. Want to avoid to escalating to anything that would need to be declared.
    That's pretty much the end of this thread, then. There's nothing you can do that isn't some kind of dispute, and if you took any action, it will probably end up costing you more than your [thus far] unquantified losses.

  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Petriix 
    the usage over the past 11+ years would obviously give the neighbours adverse possession.
    Not 'obviously' and not in general 
  • troffasky said:

    That point about the dispute is a good one. Want to avoid to escalating to anything that would need to be declared.
    That's pretty much the end of this thread, then. There's nothing you can do that isn't some kind of dispute, and if you took any action, it will probably end up costing you more than your [thus far] unquantified losses.


    Asking isn't a dispute.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Is your garage a flat roof?
    Where is the run off for the water for their roof if it is attached to yours.
    Have they knocked any new door or other alterations to their original wall?
  • Is your garage a flat roof?
    Where is the run off for the water for their roof if it is attached to yours.
    Have they knocked any new door or other alterations to their original wall?

    Good question, I'll try to get a look. I don't know what they have done inside, can't see in there.
  • TELLIT01
    TELLIT01 Posts: 17,970 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper PPI Party Pooper
    The whole thing also begs the question of how you can know who did it and when if it has only been discovered by the OP.  I certainly agree that they seem to be making an unnecessary fuss about it if it has been there 15 years and has had no effect on the OP.
    There is a continuous corrugated plastic roof between our house and that of our neighbour, creating a car port.  That hasn't changed the houses from being semis to being terraced.
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