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Category: Property Law
Satisfied Customers: 325
Experience:  Expert
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A wall that runs along the back of the gardens of a terrace

Customer Question

a wall that runs along the back of the gardens of a terrace of houses separates us from a school playground. The houses are 1850, the school late 19c,and altho there will always have been a boundary between school and gardens, I suspect this wall is 20c. How do we find out if the wall is a party wall - given that the school now plans to clamp a 5 metre fence to it...If I request a plan from the land registry will that make it clear?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Have done nothing so far as have only just discovered plans of school hidden behind words like 'repairs to wall' etc.
JA: Where is the house located?
Customer: It is in London, borough of Hackney
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Don't think so, thanks
Submitted: 9 days ago.
Category: Property Law
Expert:  MatthewM1117 replied 9 days ago.

Good afternoon, thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today. The title documents should confirm whether the wall is a party wall, however this may not always be the case, if the title documents are silent it would be presumed to be a party wall unless one party could prove otherwise.

Customer: replied 9 days ago.
Where will the title deeds be?
Expert:  MatthewM1117 replied 9 days ago.

The title documents should be available to download from the land registry on the following link:

Expert:  MatthewM1117 replied 9 days ago.

Please note that a call requires a further fee, if you would like a call I will be happy to arrange one with you.

Customer: replied 9 days ago.
I have accessed the plan of the property from the land registry but it is just an outline drawing with no information on it.
Customer: replied 9 days ago.
Are you still there? I have registered with the land registry and asked for a copy of the deeds and plan. The planning dept seem to be saying that planning permission can be granted regardless of whether a wall is a party wall or not and any argument would have to be sorted out afterwards and agreement made. Is this right?
Expert:  MatthewM1117 replied 9 days ago.

The school may not require planning permission, however if the wall is a party wall then they will be required to serve you notice under the Party Walls Act 1996, which requires you to be given at least two months notice before the work is commenced.

Customer: replied 9 days ago.
Thanks. In fact the school has sought planning permission. We were notified of the plans which seemed to refer only to repairs but is now clear to means the erection of this 5 metre fence which is to be clamped to the top of the wall. We were given 21 days to respond. The planning dept says the info about the fence should have been on the Schedule' and are going to enquire why it was not. The result is that we are only just now realising what the plan is. When we have the info as to whether it is a party wall or belongs to the houses whom do we contact with our concerns? The school? The planning dept?
Expert:  MatthewM1117 replied 9 days ago.

In the first instance I would discuss the matter with the school, (however time is off the essence) if this is not then resolved I would then contact the planning department to object.

Customer: replied 9 days ago.
Expert:  MatthewM1117 replied 9 days ago.

Glad to be off assistance, I wish you all the best going forwards.