Party Wall Notices
When is a Party Notice Required?
New building astride or up to the building
Foundations and excavation within 3 meters or to a greater depth
Work to existing walls such as such as rebuilding, demolition, cutting or underpinning into a party wall so as support the load bearing beams during loft conversions or extensions, increasing or reducing the party wall’s height or inserting a moist proof course.
Right of Way
Experiencing this dispute can disrupt or even take away the access to your home or place of work.
The owner with the lower land and a wall supporting the neighbour’s higher ground usually has a duty to support the neighbour’s land. As such, the neighbour with the higher land has a duty to care and maintain the retaining wall so their land does not collapse onto the neighbour’s lower land.
If a retaining wall does collapse, a dispute can rise over who owns it. If the deeds do not frankly state who the owner is, an investigation will have to be proceed.
Boundary walls can become a problem if the knowledge of the limits of the owned land is not understood. Proving where the wall sits in reference to the boundaries of the land is important. Though overhang of the wall onto someone else’s land is permitted, it is important to measure and investigate.