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April 19 2024 7.17pm

Boundary wall/ fence

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View Kennyd163's Profile Kennyd163 Flag new addington 21 Aug 19 6.30pm Send a Private Message to Kennyd163 Add Kennyd163 as a friend

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.
Cheers for any advice

 

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View Badger11's Profile Badger11 Flag Beckenham 21 Aug 19 6.33pm Send a Private Message to Badger11 Add Badger11 as a friend

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.
Cheers for any advice

Hopefully someone knowledgable on here will tell you that you are entitled to compensation if this is going to impact your property?

 


One more point

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View kennybrowns leftfoot's Profile kennybrowns leftfoot Flag Reigate 22 Aug 19 8.34am Send a Private Message to kennybrowns leftfoot Add kennybrowns leftfoot as a friend

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.
Cheers for any advice

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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View topcat's Profile topcat Flag Holmesdale / Surbiton 22 Aug 19 9.47am Send a Private Message to topcat Add topcat as a friend

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.

 


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View ASCPFC's Profile ASCPFC Flag Pro-Cathedral/caravan park 22 Aug 19 12.35pm Send a Private Message to ASCPFC Add ASCPFC as a friend

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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View Kennyd163's Profile Kennyd163 Flag new addington 22 Aug 19 1.07pm Send a Private Message to Kennyd163 Add Kennyd163 as a friend

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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View Kennyd163's Profile Kennyd163 Flag new addington 22 Aug 19 1.09pm Send a Private Message to Kennyd163 Add Kennyd163 as a friend

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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View ASCPFC's Profile ASCPFC Flag Pro-Cathedral/caravan park 22 Aug 19 3.01pm Send a Private Message to ASCPFC Add ASCPFC as a friend

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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View JohnB's Profile JohnB Flag 22 Aug 19 3.17pm Send a Private Message to JohnB Add JohnB as a friend

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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View gazzaeagle's Profile gazzaeagle Flag Wallington 22 Aug 19 5.38pm Send a Private Message to gazzaeagle Add gazzaeagle as a friend

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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View BarEagle's Profile BarEagle Flag Monmouth 22 Aug 19 7.16pm Send a Private Message to BarEagle Add BarEagle as a friend

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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