Crossing The Line - Advice Please

Discussion in 'Lounge' started by Cream_Revenge, Oct 29, 2020.

  1. You must tell your neighbours if you want to carry out any building work near or on your shared property boundary, or ‘party wall’, in England and Wales.

    So, yes then.

    But what do you do about it after they have just gone ahead?
     
  2. But this says:
    You must tell your neighbours if you want to carry out any building work near or on your shared property boundary, or ‘party wall’, in England and Wales.

    Party walls stand on the land of 2 or more owners and either:

    • form part of a building
    • don’t form part of a building, such as a garden wall (not wooden fences)
    Which indicates a wall, not just land.
     
  3. Read all the notes/questions in the guide.

    Zhead has covered the issues.
     
  4. When works begin
    When carrying out building works you must:

    • avoid causing unnecessary inconvenience
    • protect your neighbour’s property from damage caused by the works, and fix or pay for any damage that is caused
    Access to your neighbour’s property
    Your neighbour must allow surveyors and workmen access to their property during usual working hours to carry out the building works. They must be given 14 days’ notice except in an emergency.
     
  5. What if they do? Where do you go as it's a civil action?
     
  6. I think there is nothing to add to this. It's professional advice, I would follow it.
     
    • Agree Agree x 2
  7. Did you agree to any of the work being carried out close to the boundary initially and were you offered a PWA? I had to have a party wall agreement when I built a house between two existing properties. I was also liable for all the surveyors costs in relation to the PWA.
    One neighbour was fine with us just carrying on but the other insisted on the PWA.

    @Zhed46 should a PWA be offered if works are within 2m of the boundary?
     
  8. Do you have some sort of legal cover in with your house insurance? Access to legal advice etc etc.
     
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  9. Some home insurance covers legal. Good point.
     
    • Agree Agree x 1
  10. mine does not, just checked.
     
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  11. I decided to delete my previous post(for legal reasons lol)

    I feel for you. Fairly stressful situation.
     

  12. For a lefty, you have your uses:)
     
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  13. Don’t let Priti Patel hear you say that :D
     
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  14. As an ex-architect and construction professional, without seeing the problem I find it difficult to comment on what permissions may or may not have been granted and what rules and regulations have been ignored or adhered to.

    However, in the simplest terms (and Zhed should in fact agree with me) any property or landowner 'has a right to support'.

    In no way should any neighbour's building works affect an adjoining property either in actual construction or by creep over the boundary; without proper agreement and documented permissions.

    For example, there have been many instances where an extension to one property has been constructed right on the separating boundary so the foundation has crept over the boundary; or indeed, even if the extension has been built just off the boundary line (to accommodate the foundation projection) but the fascia / eaves and gutter hang over the boundary.

    AL
     
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  15. Yes, I'd agree with that. AKA an "easement of support"
     
    #35 Zhed46, Oct 30, 2020
    Last edited: Oct 30, 2020
  16. Correct......as worded in legislation; but silly old architects simplify the term. ;)
     
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  17. I won’t have a bad word said against architects. That’s mainly because I share a bed with one and the last time I allowed that to happen I woke up at 3am to find her staring at me while playing with a pair of scissors o_O
     
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  18. So, she is silly and old.......is that why she was playing with scissors?
     
  19. Silly and young, well, younger than me (35).

    I like to think she was just making one of those cute little model cities you guys build out of tiny white cardboard boxes and she was simply taking a break in order to gaze longingly at me.
     
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  20. I was more than an architect though.......I never made models unless I was 10 with glue and Airfix planes.
     
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