Meechl85

He won’t budge. He claims there was a pre-existing party wall, but he never submitted a PW agreement.

No the wall was adjacent to the boundary on my property on the left hand side. He wanted to save money by using the foundations of the wall. The problem is that if I or prospective owner want to build an extension the encroachment will create unnecessary problems.

My neighbour built onto my garden wall which was adjacent to our boundary, creating a part wall. He then claimed my garden wall was a party wall without serving a PWA. This structure encroaches on my property by 8 inches. I’ve asked him to remove it but he has ignored me. He is an architect and is a law unto himself. Can anyone offer a solution?

I would get a PWA ASAP and establish the boundaries. They cannot excavate within 3 metres of your property or on your property without your consent. If you give them consent to dig on your property and damage occurs they would not be any obligation to rectify the damage. This is why they are keen not to enter into any binding agreements. They have already done their homework.

No you do not need a PWA because the wall is solely on your property. If you need to dig a foundation more than a metre, within 3 metres of your neighbours property then you would need a PWA because it could affect the foundations of your neighbour’s property.