On 26 Nov, 23:17, Martin Carroll wrote:
Just removed a wall in the renovation property today in order to turn
two rooms into largish lounge.

As it happens the attached semi had this done some years ago (early-mid
eighties I believe).

On removing the lounge wall at the point it attaches to the party wall
what do I find but the neighbours steel supporting beam not only resting
on my side of the (9") party wall but actually jutting 4" into the room!

To be honest it didn't completely surprise me as having done a little
work on the adjoining property whilst waiting for my plans to be passed
I had seen that the work done on this property was a little shoddy.

Anyway, I have structural engineer coming on Wednesday morning,
hopefully to confirm that it will be all right to rest my beam on hers
as long as a suitable padstone is put in the party wall. And also to OK
my removing the offending 4".

My question is who would be responsible for the extra work possibly
caused by this? I am actually on good terms with the neighbour and will
not pursue her about this but would be interested to know the legal
position on this.

Cheers

Martin

--
Martin Carroll

Its a party wall, and as such the neighbour may well have rights to
have the beam bear onto the full width of it.

You should be following the Party Wall Act too, and should serve a
notice on the neighbour if you plan on sitting your beam on the wall,
or on their beam, and if you want to cut it. You can't just cut it if
doing so, will cause a problem for the neighbours.

You are responsible for the costs of all the work, costs of any work
required on the neighbours side, and if you follow the PWA, you pay
all fees too.

The alternative scenario is that the beam may be causing a trespass.
But as its been so long, and you may not know what agreements were in
place when the work was done, and if the protrusion was considered
necessary/done for a reason and with the then owners agreement, then
you would have a job proving otherwise

dg