Anyone lucky
enough to own their own home will be aware that it’s one of - if not the
- most significant purchase you’ll
make in your lifetime. If you’re a homeowner, then the property is yours,
however in our increasingly crowded cities, it’s becoming rarer to own a home
that isn’t attached to another property. If you live in a semi-detached or
attached property, then you’ll share what’s known as a party wall with your
neighbours. If you plan to carry out any building or extension work that
affects one of these walls, then it’s essential to get permission from your
neighbours before you go ahead.
Party walls
and boundary disputes might sound like very unfamiliar terms if you’re yet to
carry out any building work on your property, but if you’re thinking of it in
the near future, read on for our brief guide to boundary disputes, and how they
can be resolved.
What is a boundary dispute?
A boundary
dispute refers to a disagreement between neighbours over their rights in
respect to nearby or adjacent properties. A boundary dispute can take several
forms, and refer to disagreements over a party wall (a wall that is equally
shared between adjacent buildings), the right to use a neighbour’s land,
trespassing issues, and nuisance or noise complaints.
One of the
most common boundary disputes is regarding building work which affects a party
wall, so we will be mainly referring to this type of dispute further on.
Reasons a boundary dispute may arise
It’s
essential to inform your neighbours if you plan on carrying out any building
work which affects either a shared party wall, or another form of boundary
separation, such as a garden fence. Types of building work might include; an
extension or new build which falls on the boundary of your two properties, any
digging which goes below the foundation of your neighbour’s property, building
a new wall, altering the height of a party wall, or knocking down and
rebuilding the wall altogether.
A dispute
can arise if you a) fail to give notice of the building work at all, or b) give
notice but your neighbours refuse to give consent to your proposed plans.
How can a dispute be resolved?
If you and
your neighbours cannot reach an agreement on your own, then you’ll need to
appoint a surveyor to settle the matter. A surveyor will be able to assess the
situation and come up with a ‘party wall award’; this is a legal document which
lays out what work will happen, how and when it will be carried out, and who
will pay for it.
If one or
both of you doesn’t agree with the terms, then you can make an appeal to the
county court within 14 days of receiving the award.
If you’re in
need of a professional chartered surveyor to settle a boundary or party wall
dispute, get in touch with the team at Simon Levy. We have a wealth of
experience giving party wall advice, and can also provide further services such
as determining a boundary, advising you on your legal rights, or appearing in
court as an expert witness. For more information about our boundary services,
give us a call today or visit our website
to book an appointment.
