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PARTY WALLS and BOUNDARY DISPUTES
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Background to the Legislation Modern developments take many forms, and the Party Wall etc Act 1996 deals with shared/party walls, party fence boundaries, non shared walls/boundaries and works within 3m and 6m of a boundary. The works may vary from an extension close to a neighbour's property or boundary, repair and maintenance matters or major development works. The Act affects commercial and residential developments equally. The essence of the legislation requires the person or company carrying out the work has to inform his neighbours where there is work proposed on a shared wall, boundary; or close to the foundations of other properties. For example; this may perhaps be a developer but it could be you, inserting a steel into a party wall to support a loft conversion. The neighbours are then given an opportunity to study the proposals, with professional help, and the developer (or you) are usually asked to meet such costs. Does this Affect Me? If you are intending to carry out works which could impinge on an adjoining property during construction, then a telephone call and /or meeting with ourselves will clarify the matter. Leys Longden and Co are also part of the RICS advisory service in Oxfordshire set up to provide a maximum of 30 minutes free advice where there is a genuine query/enquiry as to whether the Act applies. Our personnel are members of the specialist party wall group, Pyramus and Thisbe Club, which seeks to promote excellence in Party Walls ensuring we are kept up to date with current issues and case law. The link to www.partywalls.org.uk will address frequently asked questions. Boundary Disputes. Most, although not all, boundary disputes occur around residential property and usually involve small pieces of land having little value. From time to time they arise out of Party Wall work, although more frequently result from the actions of one party. Leys Longden and Co addresses boundary disputes by assessing documentary and physical evidence. Any conclusions will be based on our assessment alone, as we are aware our findings may subsequently be subject to examination in Court. For this reason, our findings may not agree with the outcome our appointing client is seeking. |