Parsons Green – Boundary Line Wall Impacts Adjoining Neighbour’s Garden Plants
Our client was notified of a proposal to build an extension to the rear of their adjoining neighbour’s house, which would involve:
- Installing new foundations
- Creating a new wall
The proposed works fell under Section 6 and Section 1, respectively, of the Party Wall etc. Act 1996.
Under Section 1 of the Act, a Building Owner can construct a wall astride the boundary line with the notified adjoining neighbour’s consent. If the neighbour dissents the wall would require to be entirely constructed on the Building Owner’s land.
What we did
Our client did dissent and refused permission to build the wall astride the boundary line due to a concern over the non-protection and possible damage that could be caused to their garden plants.
A Party Wall Award makes provision for this particular circumstance, and South London Party Wall Surveyors included a clause in the Party Wall Award for a specialist gardener to be brought in.
During the works a number of plants were found to be irretrievably damaged and lost, which needed to be replaced by the specialist gardener, entirely at the expense of the adjoining neighbour.
Clapham – “Party Wall Dispute”: No Notice Served, Builder’s Trespass and Damage
An adjoining neighbour had proceeded to erect an extension to their property. Notice for the notifiable parts of the work, required not less than one month prior to commencing of works under the Party Wall etc. Act 1996, had not been served upon our client.
To carry out the works, the builders had:
- Entered our client’s property without permission.
- Erected scaffolding along the client’s side pathway, which prevented access for bringing dustbins to the front of the property on collection days.
- Removed a section of garden fence to create a convenient shortcut for gaining access onto our client’s property.
During the construction of the extension foundations, damage had been caused to the path and a TV cable, cutting off the signal.
What we did
South London Party Wall Surveyors carried out a full and thorough assessment. As no Notice had been served upon our client, the matter was deemed a “Party Wall Dispute”.
Contact was formally initiated with the neighbouring adjoining owner in which a demand was made for the work to cease immediately.
The adjoining owner eventually conceded they had:
- Caused a trespass and damage.
- Breached their statutory duty under the Party Wall Act to serve formal notice upon our client – the adjoining neighbour – prior to starting work.
We successfully resolved the disputed matters in liaison with the professional surveyor appointed by the adjoining neighbouring owner, which involved:
- Drawing up and agreeing a Scaffold Access License Agreement, which set out the terms upon which the neighbouring owners and their builders could complete the works.
- Arranging compensation to our client for the damage caused to their property.
- Returning full control of the ongoing works to our client.