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UK diy (uk.d-i-y) For the discussion of all topics related to diy (do-it-yourself) in the UK. All levels of experience and proficency are welcome to join in to ask questions or offer solutions. |
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#1
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"Ownership" of a my side of a shared wall
Consider a terrace of three two-storey houses
https://s4.postimg.org/4v7w0g9ul/img357.png We own the middle house, numbered 2 on the diagram. The upstairs is slightly larger than the downstairs, because there is an alley (exclusive to our house, with a door on the front) which gives us access between the front and back of the house. Our neighbour believes that our side of the shared ground-floor wall, between our alley and his house, is "owned by the council" (he is a tenant in a housing association house, we own our house) and that we should not do anything to that wall such as paint it, stack firewood and bags of coal against it or hang objects from nails/hooks in that wall. This sounds absurd. My understanding is that, irrespective of ownership of boundaries as set out in deeds, you are allowed to paint, stack against etc, as long as you don't cause any damage - if I drilled into it and disturbed the plaster in his house or if things stacked against it caused damp, that would be a problem. But normal usage is different. Who is right? I'm trying to get the housing association to give a definitive answer of their understanding, to be able to quote to him, but I think this goes beyond the fact that his house happens to be owned by a housing association rather than him. If what he was saying was true, you'd not be allowed to paint your own bedroom wall or hang pictures on it because it happened to be shared with the neighbour! What are the normal rules about shared walls? I know with boundary fences/hedges, it is defined in the deeds which house is responsible for which wall. But what about shared internal walls? Is there any difference because the space on our side of the wall is an alley rather than a habitable room? |
#2
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"Ownership" of a my side of a shared wall
On 31/07/2017 12:25, NY wrote:
... What are the normal rules about shared walls? All covered by the Party Wall Act 1996. See https://www.gov.uk/guidance/party-wa...-1996-guidance -- Reentrant |
#3
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"Ownership" of a my side of a shared wall
On 31/07/2017 12:25, NY wrote:
Consider a terrace of three two-storey houses https://s4.postimg.org/4v7w0g9ul/img357.png maybe http://www.rics.org/uk/knowledge/con...y-walls-guide/ -- mailto: news {at} admac {dot] myzen {dot} co {dot} uk |
#4
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"Ownership" of a my side of a shared wall
The Party Wall Act covers what you can do the explanatory booklet tells you what you can do .
https://www.gov.uk/government/upload...ry_Booklet.pdf I am no surveyor but logically since the wall rises up and forms one of the walls of the upstairs room over the alleyway and that wall would be deemed to be a party wall where the boundary goes down the middle of the wall, Party Wall type A and since the wall alongside the alleyway is supporting your upstairs wall the actual boundary continues down the middle of that wall as well. If the alleyway was not there and the space was part of one of your rooms the wall would be no different to the upstairs wall. As far as I can see you can treat that wall as a typical party wall and the booklet lists a number of minor works that can be carried out without having to provide notice. If you want to play safe then send one of the standard letters provided to the housing association who I should imagine will not be too bothered and will simply point out your liability if the works weaken the structure. I am not so sure if you have to inform the tenant as he is not the owner of the building but it might be courtesy to do so. As tenant I suppose the only thing he can object to is nuisance during any works but if you promise to minimise any nuisance then there is very little he can object to after all you are entitled to maintain the wall. Painting it leaning objects against it should not be an issue. Richard |
#5
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"Ownership" of a my side of a shared wall
On 31/07/2017 12:25, NY wrote:
Our neighbour believes that our side of the shared ground-floor wall, between our alley and his house, is "owned by the council" (he is a tenant in a housing association house, we own our house) and that we should not do anything to that wall such as paint it, stack firewood and bags of coal against it or hang objects from nails/hooks in that wall. He's wrong, *unless* your deeds say something to the contrary. You can do all of the above, and the person with the least power or right to complain is a tenant of the adjoining property. |
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