You may not
be familiar with the terms ‘party wall and boundary disputes’ nevertheless,
they describe two of the most frequent conflicts that can arise between
neighbours. Property solicitors don't tend to deal with party wall disputes -
these issues are usually dealt with by party wall surveyors. If you do happen
to find yourself in this situation and feel unsure of your rights, read on to
discover more about this common occurrence and effective ways of dealing with
it.
What is a boundary dispute or party wall
dispute?
This occurs
when two people from two different properties believe they own a piece of land
or a wall within a building that joins two properties together forming a
boundary between them. Although the two sound very similar, there is a slightly
different process for dealing with both of them.
Boundary dispute
Before
you can resolve this issue, you need to establish where the boundary is. This
will help determine whose property or land the wall or fence is on. The best
way to find this information is look over the legal documents you were given
when you moved into your home. If you can’t find them, you can purchase them
from the Land Registry.
After this if you
are still in disagreement with your neighbour, you can seek guidance from Rics
. They work alongside surveyors
who can assist you in property disputes. A chartered land surveyor or chartered
surveyor who works specifically in boundary disputes will be able to provide
you with the necessary guidance in a surveyor report. This will highlight which
parts of the land belong to who and may involve looking over the deeds for the
houses, which is a relatively simple process. If no agreement can be met it may
involve you and your neighbour going to court, this is of course is not an
ideal scenario and for most people, very much a last resort. Before it comes to
this stage, try and seek guidance from a mediator, this is an impartial advisor
who is trained to resolve disagreements.
Party wall dispute
As
previously mentioned, a party wall is shared with a neighbour. This can also
include a wall on the side of a semi-detached property or terrace house. This
also applies to garden walls which are built on both sides of a boundary. In
accordance with the Party Wall Act 1996
, if anyone is
planning to carry out building work on a party wall - you must acquire the
agreement of the other person whom the wall belongs to. A written agreement is
needed if you intend to:
●Knock down a party wall
●Cut into a party wall
●Increase the height of a party wall
●Add to the foundation of a party wall
The majority
of standard household tasks such as replastering or putting up shelves won't be
affected by this. This only covers work that can potentially affect the
structural integrity of the wall. It's important to consider that if you or
your neighbour rent your home, you will need to contact your landlord in
regards to this. Also consider, if you live in a flat you must also inform
neighbours above or below you of any work being done on ceilings or flooring.
Simon Levy Associates have plenty of experience
dealing with party wall and boundary disputes and have been working in this
area for decades. We have the specific skills required to help you come to a
fair resolution.
Get in
touch
today to find out more about what we can offer you.
