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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10234
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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I have a detached house built 1869 which has in the last 40

Resolved Question:

I have a detached house built 1869 which has in the last 40 years has a set of one storey garages linked to my property on one side. Recently the tenants of the garages have been given notice to quit their garage.
I would like to know if the proposed flat or house which may be built on site of the garage can be joined to mine. I have over flow pipes and co2 extraction for the boiler on that side where the garage are. If it cannot be joined how much gap do they have to leave so I can service my wall as it may need to be re pointed etc
many thanks
***** *****
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
Could you please let me know the circumstances by which the garages were attached to your property, if indeed you know?! (It seems strange to me that if your property has been there since 1869 that whoever owns the and on which the garages are situated did have the right to link them to your property).
I look forward to hearing from you.
Kind Regards
AL
Customer: replied 2 years ago.

I acquired the house in 1983 on which the garages were attached to the house. However it stands flushed to the house however not interlinking brick work. The nearest garage to the house shares the wall of our house which is single brick..

under the deeds it was bought as a detached house.

so i gather then they cannot build flushed to the way again?

Expert:  Aston Lawyer replied 2 years ago.
Hi Joe,
Thanks for your reply.
Generally, you are of course entitled to build a wall on your own land, however close this may be to the boundary line, but there must be a gap. Only if the Deeds to the land allow the owner to "link" their wall to the neighbours is this permissible.
However, in practical terms, 2 issues will mean that any new build on your neighbouring land will give you comfort and prevent any adjoining neighbour from building "right up to your wall"-
1. Planning permission- you would have the right to object to any application to build near to the boundary line. I must say, however, Councils will not normally grant permission for any new house or Flats to be built right next to a side wall of an existing property (although this is only a general view).
2. The Party Wall Act 1996 will apply if the new build foundations are going on the boundary line between your house and the new build. The Act stipulates that any such building work must not commence until a Notice has been served on the neighbour, who is then entitled to instruct a Surveyor to make sure that matters such as overflow pipes/extractors are not affected. So, in the unlikely event that a new build is built close to the boundary line, you have protection under this Act.
I hope this assists and sets out the legal position.
Kind Regards
AL
Customer: replied 2 years ago.

can ask who would i contact for the surveyor? and who would pay for this?

would the letter regards ***** ***** party wall act come from the owner or the council?

also for demolition of the garage and roof which made of asbestos would i need to grant permission for this or be informed as it attached to my wall, again would a surveyor be needed?

Expert:  Aston Lawyer replied 2 years ago.
Hi Joe,
Planning permission- the Council would send you a copy and it is up to you to object if so required.
Party Wall Act- the adjoining owner has to serve a Notice on you before commencing works. You can either consent or object. If you need to object, HE has to pay your appointed Surveyor's fees in negotiating the terms of the proposed new Build.
As regards ***** ***** they will need to instruct a suitably qualified person to remove it. To be honest, I am not sure whether they would need to notify you, but I would have thought they would need to bearing in mind the danger element.
I hope this helps.
Kind Regards
AL
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10234
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and other Property Law Specialists are ready to help you
Expert:  Aston Lawyer replied 2 years ago.

Hi Joe,

Can I be of any more assistance to you?

Kind Regards

AL

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