DevilDamo Posted May 8, 2020 Share Posted May 8, 2020 Let the Council deal with that situation if and when it happens. With the vast amount of advice you have received here and other forums, you’re pretty much armed with as much as you can for if and when the neighbour does go through with it. Link to comment Share on other sites More sharing options...
Gummo Posted May 9, 2020 Author Share Posted May 9, 2020 I'm sincerely indebted to all the sound advice if received and I'm going to need all of it. The only loose end is that there are some differences of opinion im establishing the boundary line and it's consequences for whether my wall is a party wall. Link to comment Share on other sites More sharing options...
DevilDamo Posted May 9, 2020 Share Posted May 9, 2020 I have seen that mentioned. Surely your side wall did not straddle the boundary line so your wall is solely within your boundary? The eaves and gutter may overhang but ignore that for the time being. Irrespective of the PWA, a neighbour cannot connect to or use a part of your wall without your consent. The way they’d get around this would be to build a separate and therefore independent wall, which would run parallel with yours. The excavations for that wall may indeed trigger requirements under the PWA. Do you have a photo from the garden looking back towards the house? 2 Link to comment Share on other sites More sharing options...
Vijay Posted May 9, 2020 Share Posted May 9, 2020 can you see the brick face pattern, you might be able to tell from that Link to comment Share on other sites More sharing options...
Mike Posted May 9, 2020 Share Posted May 9, 2020 (edited) 6 hours ago, DevilDamo said: The way they’d get around this would be to build a separate and therefore independent wall, which would run parallel with yours. Indeed. Potentially within a few centimetres of it, meaning neither of you would be able to easily access your walls for maintenance in future. That would put me off buying your house much more than whether or not the neighbour had inserted a few bolts in your wall. Edited May 9, 2020 by Mike Link to comment Share on other sites More sharing options...
Temp Posted May 9, 2020 Share Posted May 9, 2020 If I was the neighbour I drop a few posts rather than build a wall. Link to comment Share on other sites More sharing options...
Gummo Posted May 10, 2020 Author Share Posted May 10, 2020 21 hours ago, DevilDamo said: I have seen that mentioned. Surely your side wall did not straddle the boundary line so your wall is solely within your boundary? The eaves and gutter may overhang but ignore that for the time being. Irrespective of the PWA, a neighbour cannot connect to or use a part of your wall without your consent. The way they’d get around this would be to build a separate and therefore independent wall, which would run parallel with yours. The excavations for that wall may indeed trigger requirements under the PWA. Do you have a photo from the garden looking back towards the house? There is no garden - we both have concrete yards which are about 137cm (54") wide with 9 steps up to the back gate. Beyond planning service and council's. influence, the bottom line for me is the surety that he can't carry out works to my wall without my permission. Link to comment Share on other sites More sharing options...
DevilDamo Posted May 10, 2020 Share Posted May 10, 2020 I mentioned the garden as the place to take a photo of the rear of the houses to identify the boundary line. Do you have a photo of the rear from the yard or behind the gate? Link to comment Share on other sites More sharing options...
Gummo Posted May 11, 2020 Author Share Posted May 11, 2020 Link to comment Share on other sites More sharing options...
Gummo Posted May 11, 2020 Author Share Posted May 11, 2020 On 10/05/2020 at 11:01, DevilDamo said: I mentioned the garden as the place to take a photo of the rear of the houses to identify the boundary line. Do you have a photo of the rear from the yard or behind the gate? Posted. Link to comment Share on other sites More sharing options...
bassanclan Posted May 11, 2020 Share Posted May 11, 2020 I'm assuming your house is the cream rendered bit. If your land genuinely goes up to your neighbour's gate then no part of your property overhangs his land and you actually own a narrow strip of land underneath the gutters of the extension, but I think you would be wise to take a few measurements and be 100% certain that no part of your extension overhangs his property before you get into a dispute. 1 Link to comment Share on other sites More sharing options...
DevilDamo Posted May 11, 2020 Share Posted May 11, 2020 5 hours ago, Gummo said: Posted. Thanks but doesn’t really help much ? Any chance of one with the gate open so we can try and identify the boundary line? 1 Link to comment Share on other sites More sharing options...
Gummo Posted May 11, 2020 Author Share Posted May 11, 2020 (edited) 4 hours ago, DevilDamo said: Thanks but doesn’t really help much ? Ha-ha, you asked for it. One with the gate open would need to be accompanied with the Mission Impossible theme. Edited May 11, 2020 by Gummo Link to comment Share on other sites More sharing options...
DevilDamo Posted May 11, 2020 Share Posted May 11, 2020 Oooh! So the gate is solely access to their property? Didn’t realise and thought there was some kind of shared or dual access to each property. Tbh, the additional photo is probably irrelevant anyway. Just wait and see if they decide to proceed with the works in the future and contact the Council as and when that happens. 1 Link to comment Share on other sites More sharing options...
Gone West Posted May 12, 2020 Share Posted May 12, 2020 21 hours ago, Gummo said: Posted. Does the chimney stack serve your property only and is the TV aerial mast yours? 1 Link to comment Share on other sites More sharing options...
Gummo Posted May 12, 2020 Author Share Posted May 12, 2020 It's his. Link to comment Share on other sites More sharing options...
Gummo Posted May 12, 2020 Author Share Posted May 12, 2020 16 hours ago, DevilDamo said: Just wait and see if they decide to proceed with the works in the future and contact the Council as and when that happens. I'll mention it the next time I bump into him and ask him to show me exactly what he plans to do (before he engages someone to do plans). If he says he definitely intends to attach to my wall, I'll have to turn him down as gently as possible. Link to comment Share on other sites More sharing options...
bassanclan Posted May 12, 2020 Share Posted May 12, 2020 41 minutes ago, Gummo said: It's his. If its his chimney and his aerial it looks like your gutters and fascia and maybe foundations might be on his side. Just a thought, but how are you going to proceed if you say no, don't attach to my wall and he then says, ok get your gutters and fascia off my land and btw, you cannot discharge your roof water onto my land either!? So be 100% sure that your extension is on your land only before you start. Either way at some point you'll want to be in his yard to paint your render. You have no overlooking issue thanks to your extension. 1 Link to comment Share on other sites More sharing options...
joe90 Posted May 12, 2020 Share Posted May 12, 2020 1 hour ago, Gummo said: It's his. wow, that looks like “you’re “ wall is on his land.?.? Party wall? Link to comment Share on other sites More sharing options...
Gone West Posted May 12, 2020 Share Posted May 12, 2020 1 hour ago, Gummo said: It's his. If it's his mast on your chimney stack did you give him permission to put it there? 1 Link to comment Share on other sites More sharing options...
joe90 Posted May 12, 2020 Share Posted May 12, 2020 3 hours ago, Gummo said: It's his. ah, I took that to mean the chimney and mast were his??? Which? Both? 1 Link to comment Share on other sites More sharing options...
Gummo Posted May 13, 2020 Author Share Posted May 13, 2020 16 hours ago, joe90 said: ah, I took that to mean the chimney and mast were his??? Which? Both? His chimney and mast. Link to comment Share on other sites More sharing options...
Gummo Posted May 13, 2020 Author Share Posted May 13, 2020 (edited) 19 hours ago, joe90 said: wow, that looks like “you’re “ wall is on his land.?.? Party wall? Others say that the centre-line of the chimney is the boundary. Edited May 13, 2020 by Gummo Link to comment Share on other sites More sharing options...
Gummo Posted May 13, 2020 Author Share Posted May 13, 2020 19 hours ago, bassanclan said: If its his chimney and his aerial it looks like your gutters and fascia and maybe foundations might be on his side. Just a thought, but how are you going to proceed if you say no, don't attach to my wall and he then says, ok get your gutters and fascia off my land and btw, you cannot discharge your roof water onto my land either!? So be 100% sure that your extension is on your land only before you start. Either way at some point you'll want to be in his yard to paint your render. You have no overlooking issue thanks to your extension. The water from his gutter runs onto mine and is released via the downspout on the other side of my extension. The only indicator of the boundary-line, according to some people, is that it's the centre-lineof the chimney. Link to comment Share on other sites More sharing options...
joe90 Posted May 13, 2020 Share Posted May 13, 2020 IMO, if it’s his chimney, the chimney breast will be in his rooms, party wall will be roughly 9” brickwork so boundary is 4 1/2 “ from your side of chimney line!!!!, anyway I would not be happy with fixings in my wall which could lead to damp issues. Link to comment Share on other sites More sharing options...
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