Boundary wall

Hi again - I have a question (not looking for legal advice) just your impressions, can my neighbour heighten the boundary wall between our gardens without my permission? anybody know what the maximum height of a back garden boundary wall is supposed to be? Thanks

NUTLEY BOY

I think that he can IF you are sure that it is a boundary wall and that it is his as distinct from a party wall.

If it is a party wall he needs to talk to you !

I think that there is no limit on the height of a wall.

Whats the difference between a party wall and a boundary wall? The wall is the wall between our two back gardens, separating the properties, and was in place years before my neighbour moved in. Thanks for any insight!

Eru

Planning permission possible???

Neighbour has not applied for planning permission. Back wall is currently 6 foot - but as our gardens slop downwards, with the extension she has built, she had to build the foundations up which means the wall height is only level with about half way up her new window and she can see into my garden and neighbours gardens - I'm worried shes going to try and heighten the wall (cutting of more of my sunlight than shes already done). I was wondering can she do this? The extension is completely separate from the garden wall - a gap of about six inches was left between the existing wall and the new wall of her extension.......?

NUTLEY BOY

A boundary wall is one that is built within the boundary of a property. This type of wall is owned solely by the owner of the property within which it stands.

A party wall is one that straddles the boundary between adjoining properties. It is effectively the joint property of both adjacent owners.

Analogously, a party wall is like a shared driveway between two adjacent houses. You both own it but neither of you has absolute rights over it as against each other.

So, if the problem wall lies entirely within the boundary of your neighbours property you will have no proprietary rights in relation to it. If it is a party wall then your neighbour does not have unilateral rights to do as he pleases with it.

Unfortunately, the determination of boundaries is notoriously difficult to prove. Even the indicated boundaries on maps accompanying title deeds are not always definitive evidence on this point.

It may be impractical for you but the evidence of previous owners or occupiers as to the history of the wall could help. For instance, if the previous owner of your property could say that he built the wall and shared the cost with the adjoining household that would suggest it is a party wall. The fact that the wall was already there when your current neighbour moved in probably does not matter.

Incidentally, if it is a boundary wall and it falls down your neighbour is entirely responsible for fixing it. If it is a party wall the costs are usually shared.

I do not think that you need PP to build a garden wall, especially a back garden one. However, if you talk to the planning department of your local authority they should be able to put you straight on the garden wall and other problem aspects of adjacent development.

Victor

You are allowed build upon a party wall, assuming it is strong enough.

You may need planning permission to extend a wall higher than 2m. Check with your council.

There may be a PP issue with the overlooking.

Thanks all - from the definitions you've given me above I'm fairly sure its a party wall - I know the previous owners of my house built the walls but couldn't in all honesty say if they shared the cost with the other neighbours on that side - but do you think I can take it that as it is a party wall straddling both our properties the neighbour can't just go ahead and add to the height of the wall without consulting me first?

Victor

Deleted User wrote:

Thanks all - from the definitions you've given me above I'm fairly sure its a party wall - I know the previous owners of my house built the walls but couldn't in all honesty say if they shared the cost with the other neighbours on that side - but do you think I can take it that as it is a party wall straddling both our properties the neighbour can't just go ahead and add to the height of the wall without consulting me first?

No you are wrong, either party can build on a party wall, unless there is some other reason not to.

Victor

Victor wrote:

No you are wrong, either party can build on a party wall, unless there is some other reason not to.

Thanks all - but Jaysus it just doesn't seem very fair or right that my neighbour can just do whatever she likes and I've no rights in the matter, its already eight blocks high, but because of the slope on the garden, it mightn't necessarily be six feet in all places. 2 metres is 6 feet six inches isn't it?