Party wall - neighbour joining their property to mine

VJ2021

Yes @Doozergirl I will look into this, please understand I only found out their intent today.  I have been hit with this out of the blue at a very difficult time.  

I am working on the basis it is a party wall, until I find out otherwise, even if it is not a party wall in and of itself there are requirements regarding foundations .... it's complicated.  I appreciate your help, however I would prefer no further responses as it's not helping to imply I am stupid!  

If as you suggest it may not be it is not a Party Wall then things change a bit,  My deeds are with my solicitor, however I do know that the garden wall that follows directly from my house is the boundary wall with other neighbours. Anyway thanks for taking time to reply 

FaceHead

Even if it is a party wall which they are enclosing on, they would need to pay you half the cost of building the hypothetical wall they are avoiding building by enclosing on the existing party wall. In that case you would want a PWS to adjudicate on the amount of the payment, or if no PWS, them to offer you an exceptionally generous amount, as they are avoiding the cost of the PWS.

Agree with Dozer, however, that it's probably not a party wall and they cannot enclose on it without your permission. It might be sensible to give permission - in exchange for a similar payment. The alternative is that they build a wall a few cm's from yours, and then there are two walls which are hard to maintain. 

Doozergirl

I haven't suggested or implied that you are stupid at all.   Not at all.  To that end, I will continue trying to help you.  

I know what it's like to get a shock and if you don't know what  you're doing (which is perfectly acceptable given that you probably don't work in construction!) then you may not know what you should be focussing on. 

I think you should working on the assumption that what you have is definitely NOT a party wall.  I have never worked on a house where a totally detached wall was a party wall.  They are almost always boundary walls.  It makes no sense for it to be a party wall with an equally detached house on the other side.    

Don't assume that your neighbours have the first clue what they are talking about.  They clearly don't if they think a bodged together letter allows them to connect to your wall.   

You should speak to a PWS immediately but almost immediately tell them that you don't belive that what you have is a party wall. 

Yes, there are implications around foundations if they aren't going to connect, but only if their foundations are planned to be deeper than yours.  How old is the house?  

You can get your title plan and register from the Land Registry for £3 each if you bought your house in this century.  I don't think it's going to reveal a party wall though.  

  

Jeepers_Creepers

I'd assumed from the opening post that this was a 'terrace' of houses, so already joined... :-(

So this will turn your detached property into a 'semi'? Hmm, that could well affect its value.

Check the PW surveyor info carefully; PWS's are not essential - say if a neighb is totally happy about their neighb building an extension - so you need to make sure that you do request one for this situation.

Also check your house insurance for Legal protection. If you have that, call them up for advice.

prowla

What's the bit about the gate into their garden - are they now expecting to be able to gain access via your garden?

Doozergirl

Jeepers_Creepers said:

I'd assumed from the opening post that this was a 'terrace' of houses, so already joined... :-(

So this will turn your detached property into a 'semi'? Hmm, that could well affect its value.

Check the PW surveyor info carefully; PWS's are not essential - say if a neighb is totally happy about their neighb building an extension - so you need to make sure that you do request one for this situation.

Also check your house insurance for Legal protection. If you have that, call them up for advice.

It's fairly clear from the first paragraph that it is the unattached side, though a picture doesn't hurt. 

Hi f a neighbour doesn't reply within the given timeframe, they are automatically deemed to have dissented.  You shouldn't have to request one.  They're only non-essential if you specifically agree to the proposed works.  

Legal protection isn't going to have any specialist information on the party wall act.  That's what party wall surveyors are for.  

Jeepers_Creepers

Thanks Doozer.

I was thinking of the LP in terms of making them stop (or not start) work whilst things are resolved. It sounds as tho' the neighb is trying to rush things through and get things going, perhaps relying on a fait accompi.

Perhaps an 'injunction' is the only way to make them pause. I don't know.

Jeepers_Creepers

Do you know - if this is a detached property, can the owner prevent the neighb from building on to their boundary house wall?

Doozergirl

Jeepers_Creepers said:

Do you know - if this is a detached property, can the owner prevent the neighb from building on to their boundary house wall?

Of course. 

If it isn't a party wall, it's nobody else's to attach anything to.