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Building a wall astride a boundary - impact on title deeds?

I have a query related to a planned rear extension on my terraced house.

Our neighbour has a side return extension and we would like to build our own extension adjacent to this. The complicating factor is that this existing extension wall is a few inches back from the boundary line, with the outer edge of the gutter running along the boundary line itself. So in order not to leave a gap, a new wall for our extension would need to run astride the boundary.

We have asked our neighbour if she would be happy for us to proceed in this way. However she has told us that she has been advised that building this new wall partly on her land would mean that she would need a new set of title deeds and it could impact getting a mortgage on the house.

My understanding is that this is not the case. The wall would be a jointly owned party wall and either side could in principle build off it (although less likely in practice as the existing extension already has its own wall). Building a new wall shouldn't affect the deeds in any way as the land ownership doesn't change.

However I've found it difficult to find something that sets out the situation clearly enough so we can have a shared understanding and come to an agreement on this. If we can't agree, we will need to build our extension more narrowly and leave a gap between the walls which is obviously not ideal. Does anyone have direct experience of this kind of situation, or any suggestions for guidance on this? 

Comments

  • user1977
    user1977 Posts: 17,288 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper

    However she has told us that she has been advised that building this new wall partly on her land would mean that she would need a new set of title deeds and it could impact getting a mortgage on the house.

    Ah, the perils of the passive voice. Who has given her the advice?
  • ThisIsWeird
    ThisIsWeird Posts: 7,935 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Would a PWA surveyor be able to advise on this? You may need one in any case.
  • nicmyles
    nicmyles Posts: 312 Forumite
    Eighth Anniversary 100 Posts Name Dropper
    I don't know whether or not it's possible to do what you want to do, but all the extensions on my road are built with narrow gaps between them, respecting property boundaries. To ensure nothing is irretrievably lost in the gaps, they are filled with unobtrusive plastic fills.
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