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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Can you help with 1 question please. I have a party wall agreement.

Resolved Question:

Can you help with 1 question please. I have a party wall agreement. I realise that the neighbour has the right to demolish a brick wall which straddles the boundary between our properties as ownership is uncertain. However, I would like their building work to be confined to their side of the boundary line or can they insist on building a wall that follows the line of the wall they demolish, ie is straddling the boundary line. Thanks. Please advise payment due for this question.
Submitted: 2 years ago.
Category: Property Law
Expert:  Nicola-mod replied 2 years ago.

Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.

thank you Nicole. My lawyer and surveyor tell me that the wall is a party fence and who built it and owns it will never be established. I could go to court and just end up with a bill for £40000 and none the wiser! The wall kinks and as a result land that would have belonged to the owners of my house has for the last 100 years or so ended up in my neighbour's property, ie, a wall they may have built rested on it. The surveyor says that they now have historic ownership as "their" wall rested on this land for a century. In that case the wall can be demolished and a replacement wall built that follows the kink and rests on land that would have originally been my side of the boundary line. I have argued that the demolition of the wall frees up my land and I can reclaim it! I suspect that there is nothing I can do. However, if you or your colleagues know of any legislation or case law where this issue is relevant, I would dearly like to know.


Thanks Henry

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

I am afraid you cannot do much other than to try and speak to your neighbour and amicably try and sort the issue out of the wall. They may insist on rebuilding the new wall along the line of the fence or wall being demolished.

You cannot reclaim your land back due to the length of time which has passed.

If you do not agree to your neighbours coming on your land, they may apply to the court for an access order to your land under the Access to Neighbouring Land 1992 but only to preserve the existing wall, not for the purpose of building a new wall, but I would think it will also be in your interest for them to put up a new wall.


May I help further?

Customer: replied 2 years ago.

Thank you for very helpful advice. One more question please. My neighbour is refusing to disclose whether or not her insurance would cover any damage that her building work might do to my property - not just demolition and rebuilding of the wall but also more extensive works including digging down in the basement, I am reluctant to pay additional insurance to cover any damage she may cause. Is there anything I can do to make sure she has appropriate insurance or is there something wrong with the law and it permits people to bully their neighbours in this way!


thank you


 

Expert:  UKSolicitorJA replied 2 years ago.
I am afraid you cannot do anything about your neighbour having insurance, whether adequate, inadequate or none at all.

If your property is damaged, you would be entitled to sue your neighbour for damages and it is in her own interest to be adequately insured so that in the event of something happening, she is covered against a potential claim from you.

Hope this helps. Please leave feedback

UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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