any legal minds

[steve266]

Heres my prob ,i live in asemi detached property and at the rear is a lean to that is shared with my neighbour with a hardboard dividing wall, all timber no brick. Now heres the problem we want to knock our half down to make way for a new conservatory,but im guessing the original victor meldrew next door will not play ball, so heres the question can i legally cut it in half and leave it flapping in the wind or am i obliged to make his half good

[Axe]

You'll have to make his half good.

[Dr W]

There's a good website about boundary disputes and party walls etc, can't quite remember the name at the moment, I'm sure someone on here posted the link.

 

I'm sure someone will have an answer shortly while I try and remember the name.

[Imperfection]

A friend of mine extended his house which involved demolishing a similiar type of brick out building which was joined to his neighbours one.He was told by local council bod to make good his neighbours wall,roof and lead flashing so i think you'll have to do the same too.

[Gordon R]

I agree about making it good. If you literally sawed it in half and left his half flapping, it will clearly damage it. You will almost certainly need his consent. Even if you don't particularly get on, I would advise you to approach him. If you don't, I suspect it is going to cost you a lot of money later.

[Klunk]

I'm no lawyer, but I do know that the underlying principle with most if not all laws is fair play and common sense.

 

If you find yourself wondering how the law stands with regard to any action you plan to take, a good rule of thumb is to put yourself in the other chap's shoes. Ask yourself how you would react if old Meldrew next door knocked his bit down to build on, and left your side flapping in the wind and leaking rain. I wouldn't like it and I suspect most people wouldn't either, so I'd almost bet that it won't be legal to do so.

 

Have you considered both you and your neighbour chucking your cash together and perhaps both of you getting the work done at the same time? It might well work out cheaper for both of you to share the cost if you can convince him it's a good idea.

[J@mes]

speak to him. explain your plans and see what he says - it may be worth offering to buy him a new shed (£200?) for in his garden if he will let you knock the old one down.

 

would be my first point of call i think!

[game_boy]

I suspect this will come under common law with regard to servitudes.

[Dave-G]

Might be worth poking it around and sort of weaken it a bit when you lean on it Point out how rotten it is and suggest you'd remove them both if thats agreeable. Then put your own up.

Edited October 3, 2008 by Dave-G

[steve266]

Yes thought as much,didnt really have any intention of sawing it in half really, just made me chuckle as i was typing away.Thanks for all the replys gents.

[MM]

might be worth me comming round with me new pipe and burning the ****** down

[Mungler]

Party-Wall-Act-tastic.

 

I'll stick the links and bumpf up later once I have had my tea

[markbivvy]

http://www.opsi.gov.uk/acts/acts1996/Ukpga_19960040_en_1

[Fisherman Mike]

First you will possibly need Planning Permission to erect a conservatory. Check with the Local planning Authority before you commit to purchase. Unscrupulous conservatory firms may tell you otherwise to secure a order and then BAM you wont get any deposit back.

 

Secondly you will need to enter into a party wall agreement with your neighbour. If he refuses to this then you will have to appoint an independant party wall surveyor and pick up his fee yourself. He will negotiate on your behalf and secure an agreement.

 

You will probably have to give him some consideration to secure the agreement but if you have Planning consent it would be very churlish and totally inequitable for him not to come to some agreement.

 

If this fails leave his half of the outbuilding standing and build inside your boundary by moving the seperating wall 6" or so. Should you decide this is the best way forward and explain to him with a plan that this is your only recourse he will soon come round. Obviously if you did this you must make good and prevent his property from becoming damaged by the elements.

 

Good luck.

 

FM.

 

PS dont forget to have the panels facing his separating wall done in Opaque material or insulated panels or he might decide subsequently to stick a window in it!