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Daniel Smith
Daniel Smith, Daniel Smith
Category: UK Property Law
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I own my house, its an end of terrace and my neighbour, a

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I own my house, it's an end of terrace and my neighbour, a landlord who rents the exisitng adjacent but detached property out, has successfully applied for planning permission to build a block of flats joined on to my end wall. I am told this is a civil matter, not a planning matter and I want to know if he can go ahead with the building if I say he can't touch my property. I need to sell my house soon and I am afraid this will put people off unless they know they can say no to the new building.
Hi there. Thanks for your question, I will assist you with this.

This is a civil matter and not a planning matter.

Do you know whether the wall he is proposing to attach to is a party wall?

Dan
Customer: replied 5 years ago.
No this is not a party wall. the end wall of my end of terrace house is on the boundary of both properties ie my wall is right on the edge of my plot and his plot. His house is a detached house in the centre of his plot at present. He has had a covered area which is fixed to my end wall - just a couple of wood struts covered with corrugated plasticsheets - since before we bought our house 6 ears ago. Not sure what that might mean?
If it is a wall that separates the properties, it's likely to be a "party fence wall". If it is, then a jointly appointed surveyor may be necessary and he will have the power to determine whether the neighbour can build on/touch the wall. It will be out of you hands.

If it is not a party wall or party fence fall, then you have absolute right to prevent them from touching/building onto your wall as that would amount to trespass. However, your remedy might be to seek an injunction and/or damages. As an injunction is, however, a discretionary remedy, the Court does have a choice as to whether or not you get it, even if it is a clear trespass or threatened trespass.

Please press accept.

Dan
Customer: replied 5 years ago.
I am not clear then if it is a party wall or not. the plot of land his house is on is between two rows of terraced houses. The terrace the other side to us has a pathway/right of way, for the residents of that terrace to access their back gardens, between his land and the end wall of the other terrace. whereas our house is set one storey below his, due to the fall in the land. ie our ground floor is at the level of what would be his lowerground or basement if he had one. so our house in effect is the edge of his plot. I am not sure there is a straightforward answer to this...I was hoping for something simple of course!
Nothing in life is ever simple where the law is concerned ...

My initial feeling is the you're probably talking about a party fence wall, but the only way to know absolutely is to see it. But I think it's probably a PFW. As such, it's going to come down to a surveyor jointly appointed by you under the Party Wall Act etc. 1996 procedures. You can get more information on these here - together with details of what a PFW is:

http://www.communities.gov.uk/publications/planningandbuilding/partywall

Good luck. If you have any questions after you've read this, let me know!

Please do press accept.

Dan
Daniel Smith and 2 other UK Property Law Specialists are ready to help you
Customer: replied 5 years ago.
thank you Smile It is a tricky area I know, especially without seeing the property. The party wall info/booklet site much appreciated.
No worries. Take care!

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