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I'm looking for some advice as to my boundary wall. I have recently had to repair the fencing in my garden and looked at my deeds to see which side I was responsible for and it turns out that I am also responsible for the wall at the bottom of my garden that is the back of an adjoining garage block. With all the Croydon council building plans for new housing on the garage blocks does this mean that they have to seek my permission to knock down the wall or would I just be responsible for whatever fencing they put up in its place? The part of the wall in my deeds is 3 garage bays long and I know that the planning and building works will happen but don't want to get screwed over in the process.
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Originally posted by Kennyd163
I'm looking for some advice as to my boundary wall. I have recently had to repair the fencing in my garden and looked at my deeds to see which side I was responsible for and it turns out that I am also responsible for the wall at the bottom of my garden that is the back of an adjoining garage block. With all the Croydon council building plans for new housing on the garage blocks does this mean that they have to seek my permission to knock down the wall or would I just be responsible for whatever fencing they put up in its place? The part of the wall in my deeds is 3 garage bays long and I know that the planning and building works will happen but don't want to get screwed over in the process. Hopefully someone knowledgable on here will tell you that you are entitled to compensation if this is going to impact your property?
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Originally posted by Kennyd163
I'm looking for some advice as to my boundary wall. I have recently had to repair the fencing in my garden and looked at my deeds to see which side I was responsible for and it turns out that I am also responsible for the wall at the bottom of my garden that is the back of an adjoining garage block. With all the Croydon council building plans for new housing on the garage blocks does this mean that they have to seek my permission to knock down the wall or would I just be responsible for whatever fencing they put up in its place? The part of the wall in my deeds is 3 garage bays long and I know that the planning and building works will happen but don't want to get screwed over in the process. I'm no expert but from what you describe surely they would have to seek permission from you.. Are they planning to build there then?
Don't waste your time with jealousy. Sometimes your ahead, sometimes your behind, the race is long. But in the end it's only with yourself!! |
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If the wall is on your property then it can't be touched without your permission. Someone can build a single story garage on the other side of it without informing you though so long as it isn't close (I think it is 3m) to your house.
It's 106 miles to Chicago, we got a full tank of gas, half a pack of cigarettes, it's dark... and we're wearing sunglasses. |
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The council can actually knock your wall if they rebuild it from what you describe. Depends on what type of planning permission they have. My advice is look at their plans and get in touch with them. You may get a brand new wall out if it - you might even get your garden done.
Red and Blue Army! |
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Cheers. I have been looking online and some sites say that although I am responsible for the wall,it doesn't mean that I own it, other sites say differently. They council have earmarked a lot of sites in New Addington for redevelopment and it is a given that it will all go ahead. I emailed the council on Monday but still haven't heard anything back but it is in red and marked with a T on my deeds so I'm going to claim it is mine until proven otherwise.
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Cheers. I have been looking online and some sites say that although I am responsible for the wall,it doesn't mean that I own it, other sites say differently. They council have earmarked a lot of sites in New Addington for redevelopment and behind my house is a block of garages which they have proposed to demolish and squeeze in 7 houses and it is a given that it will all go ahead. I emailed the council on Monday but still haven't heard anything back but it is in red and marked with a T on my deeds so I'm going to claim it is mine until proven otherwise.
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You will need to find the planning application for the development (you will probably have to pay a small fee - £20?). You should be able to see on the plans exactly what is proposed. If you can't work it out from the plans if you have any builder/ architect friends, they might be able to help. I suspect there will be a small gap between your wall and the development.
Red and Blue Army! |
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Your best bet would be to call RICS 02476 868555 who would be able to advise you and that number is the boundary dispute helpline. There also isn't any legal basis for a particular boundary being one parties responsibility even if it is referred to in the deeds. Generally boundary issues are a very grey area and if they are taken to court, the courts don't tend to like them as they are so hard to make decisions on. I would think if they were planning on knocking anything down, as a minimum, they would consult you on their plans and look to work with you rather than just turn up with a sledgehammer out of the blue.
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Any excavations carried out within 3 metres of your boundary require a Party Wall agreement under the terms of the Party Wall Act (at no cost to you). The responsibility for the wall and the future outcome will be decided within the agreement reached by your surveyor and the council surveyor and is legally binding.
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Originally posted by gazzaeagle
Any excavations carried out within 3 metres of your boundary require a Party Wall agreement under the terms of the Party Wall Act (at no cost to you). The responsibility for the wall and the future outcome will be decided within the agreement reached by your surveyor and the council surveyor and is legally binding. The Party Wall etc Act 1996 sets out some basic principles that should be followed. In essence a surveyor should be appointed by both sides and his/her report is pretty much binding. There is a lot of nonsense that people believe in and get it completely wrong. You should be careful though as many of these disputes can and do end up in Court. My advice, look at the act carefully and then appoint a surveryor with the otherside, quickly. The other side have to serve a part Wall Notice and for it to be effective it must comply with the law, rules and procedure.
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