Rights of Owners

Question At the rear of two buildings there is a very old boundary wall which acts as a party wall and is shared between the two buildings.  There are no records of where the boundary lies so we assume it runs down the middle of this wall. On one side of this wall, there is Neighbour One’s garden.  On the other side of the wall, ... Read more >>

Question My neighbours have permission not only to build onto, but also to increase the height of, the wall at the end of my garden.  Neither their builder or surveyor was aware that the level of our garden is higher than the plot and that the walls they are building onto will be effectively below ground or that they also bordered ... Read more >>

QuestionOur neighbours have served a notice on us stating their intention to build a kitchen extension up to the boundary line between our properties. Within our side of the boundary is a brick garden wall about 12ft long, the rest being wooden fencing, which lies on the boundary along the remaining  length of the garden.  On our side of the ... Read more >>

QuestionWe are planning to repoint the wall in our cellar/basement using lime mortar as the current cement pointing seems to be having a corrosive effect. In this case do you think we need a formal Party Wall agreement? AnswerI think what you’re asking is ‘do we need to serve notice’? A party wall agreement is only required if the notice ... Read more >>

QuestionMy wife and I have been served 2 notices.Line of junction notice - the neighbours plan on building "on the line of junction of the said lands a wall wholly on our own land, by carrying out works as detailed below, after the expiration of one month from the service of this notice" the intended works are " excavate a foundation to construct ... Read more >>

QuestionThis relates to 2 commercial properties, an open depot owned by my family and a single storey office block owned by another company. Our property has a tenant on a long term full repairing lease and we understand the office block is also rented.We understand that in the late 90's, prior to our ownership, our site underwent extensive ... Read more >>

QuestionMy mother’s neighbours are intending to extend their property.  They have served a party wall notice.  If my mother agrees to the extension without the need for a party wall survey, is she still protected by the Act if something goes noticeably wrong?AnswerThe short answer is ‘Yes’. The case of Onigbanjo vs Pearson confirmed that ... Read more >>

QuestionI have just received a notice from my neighbour to say they have applied to the Council to start works for a side return extension. I own a one-bedroom flat next door and will never be able to extend in the manner they intend because of the configuration of the flat. I am concerned that their extension will reduce severely the amount of ... Read more >>

Question I have recently been considering extending the side of my kitchen, the current structure being a standard single storey extension at the rear of a 1920 terraced house. I wondered if it was possible to incorporate the existing brick party wall as part of the new side wall of the kitchen to maximise space, and what this would entail; what ... Read more >>

Question As well as applying to raise his roof, my neighbour has also applied to build a corner conservatory alongside our common boundary. In fact the planning application plans show the rear wall of this lean-to extension as constituting the 6ft garden wall between us - plus another 6ft on top, but only along his half. However, I don’t think ... Read more >>