Please let me clarify.
Looking at the front of the houses the house you are working on is the left-hand of the two semi-detached houses. The issue is between the left-hand house of the semis and the house to the left of that one which is not connected?
There is no alleyway on the extreme left hand house because that is now an extension which goes right up to the boundary as does your garage.
You say that the single story extension is connected into the garage on the property you are working on. Is it actually connected into it or just right up against it. Have the bricks been keyed in?
How long ago was this extension completed?
Was there ever consent to connect the two?
What would be the problem if the garage was knocked down?
Thank you. I had the houses the wrong way round but the effect is the same.
Thank you. Which is the neighbouring house? From what you said, and the way you described it it’s the white one.
Is the cream coloured pitched roof the garage, the filled in alleyway the bit with the flat roof with one side exposed and what looks like a plywood wall? It looks as though something was up against their which has been removed. Has it?
Are you intending to knock the garage down?
I’m not certain what the problem is here. What exactly is it that you are concerned about? If it is the question as to whether you can take the garage down, then yes you can provided their extension fall with such as would happen if they had attached part of it to the garage. In that case, you would have to tell them what you were doing and they would have to make other arrangements to support the alleyway extension.
What you can’t do is simply remove the support and let their extension fall down. You can stop them continuing to rely on support, in the fullness of time but not immediately.
Thank you. He can only attach things to a party wall (this is not a party wall) which are ancillary such as sockets, shelf brackets et cetera. However, a party wall is a wall separating two buildings and this did not separate two buildings before the structure was in place as the two buildings were separated by an alleyway. Have a look at the Party Wall Booklet,
and in particular diagram 4 on page 8 and the notes on page 5. Referring to the notes, a party wall is used to separate two buildings as it does in diagram 4. In this particular case, before the strange -looking structure was built, the wall of the garage was, on this definition, not a party wall and he could not attach anything to it without the consent of the wall owner. Hence, he could not attach his wooden infill to the garage wall.
If the wooden structure had been there for 20 years, he would have acquired the right under the Prescription Act of the easement of support. That obviously doesn’t apply.
As it is now, you are entitled to ask him to remove the fixings into the garage whether you want to knock the garage down or not. If you are knocking the garage down, he is going to have to make some other arrangements to hold his structure up. If he will not do so, you (the householder) will have to take the neighbour to court to get an injunction to make him do that.
Can I clarify anything for you?
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