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Joshua, Lawyer
Category: Property Law
Satisfied Customers: 28975
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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What is the definition of a Party Wall in the Party Wall Act

Customer Question

What is the definition of a Party Wall in the Party Wall Act 1998 please?
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: What is the definition of a 'Party Wall' in the Party Wall etc Act 1998 please?
JA: Where is the property located?
Customer: Curry Rivel, Somerset, U.K. TA10 0EY
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The possible party wall is between my neighbours rear boundary wall and my parallel stone wall about 4 inches away where the gap is partially filled with rubble
Submitted: 14 days ago.
Category: Property Law
Expert:  Joshua replied 14 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

  1. would you be able to kindly clarify if the wall you refer to is just a wall or whether it forms part of the building please? I believe from what you say it is the former but I should be grateful if you would kindly confirm for the avoidance of doubt
  2. from what you describe, if I have understood you correctly, there are two walls in between your property and your neighbours property - award your neighbours have presumably built and then a stone wall on your side with a gap in between?
  3. do you consider that the boundary line between your properties is somewhere along the rubble filled gap, or do you consider that one of these walls is built astride the boundary line?
Customer: replied 14 days ago.
Hello Joshua,
The boundary wall between the two properties is a continuous brick wall which extends in a straight line as the boundary to his adjacent neighbour's property, and my own, since my property spans the rear of both neighbouring properties at the rear of my paddoc there is an old stone wall which is parallel but does not extend the full width of my property nor that of my neighbour.. On my neighbours side of the brick boundary wall
there is a lean-tp greenhouse and I did have several lean-to sheds against the stone wall inside my property. The roof of my sheds was of rusty and therefore leaking corrugated iron. I hae therefore demolished my lean-to wooden sheds and replaced 2 of the former 3 sheds with tiled roofs. However before I could complete the
wooden cladding, my neighbour has informed me that the 2 walls constitute a 'Party Wall' in accordance with the Party Wall Act, and I should cease work and serve notice no him of the work proposed. It is for this reason that I am posing my question. Hope that this helps.
Customer: replied 14 days ago.
Hello Again Joshua,
I apologise for the delay - I was called away.
Events have taken place so that I no longer need to persue this matter for the present. Please therefore ignore all of the foregoing. Thank you.
Expert:  Joshua replied 14 days ago.

thank you for the above and I apologise for the short delay in reverting to you. Notwithstanding your comment above and I am pleased that events hopefully have moved in the positive direction, nevertheless to respond to your initial enquiry, in relation to walls which are not part of a building, a party wall would constitute a wall which is built astride the boundary line. A wall that is built up to the boundary line which is not part of the building but not over that boundary line so as to sit astride it would not constitute a party wall under the party wall act but instead would belong wholly to the landowner on whose land it is built