Building Extension on Dividing wall

FrankJames

Building a small extension at the back of my house. Under 40 square metres. I was talking to a builder and he asked me why not ask the owner of next door to build on the dividing wall between my house and his house. Wall is currently at approx. 10' long by 6' high, block (the rest is a wodden fence). He advises that I should knock it and build it up from scratch. New wall will be approx. 20' long and 10' high, nothing overhanging. Talked to the Owner, gave all details and he has told me there is absolutely no problem at all. The Owner rents the house out, I have 2 questions:-

1) After I build this and the Neighbour decides he doesn't like the look of it, what then?

2) Can the person renting (for 3 years already) have any say?

Any replies greatful.........

bertie1

If the owner sells at some stage it could be a problem you only own half of the dividing wall & your property would be over in his garden not to mention the overhang from the roof & the gutters

Mellor

bertie1 wrote: »

If the owner sells at some stage it could be a problem you only own half of the dividing wall & your property would be over in his garden not to mention the overhang from the roof & the gutters

That is no different to any other party wall, you always own half.
Any is potentially a legal issue, so i'll wait and see what the mods think, but it might be locked. Until then thread carefully

sydthebeat

get an agreement in writing.

Quazzie

sydthebeat wrote: »

get an agreement in writing.

+ From the owner not the person renting

muffler

FrankJames wrote: »

Building a small extension at the back of my house. Under 40 square metres. I was talking to a builder and he asked me why not ask the owner of next door to build on the dividing wall between my house and his house. Wall is currently at approx. 10' long by 6' high, block (the rest is a wodden fence). He advises that I should knock it and build it up from scratch. New wall will be approx. 20' long and 10' high, nothing overhanging. Talked to the Owner, gave all details and he has told me there is absolutely no problem at all. The Owner rents the house out, I have 2 questions:-

1) After I build this and the Neighbour decides he doesn't like the look of it, what then?

2) Can the person renting (for 3 years already) have any say?

Any replies greatful.........

Right. Building on a party wall will always have implications. From the start where the builders have to enter the neighbours property to dig founds which will most likely extend over the boundary line right up to plastering and fitting rainwater goods etc. Then there is the issue of overhanging, maintenance, painting etc.

As pointed out you will need an agreement. Not just any old signed piece of paper but a legal document drawn up by a solictor and signed by both parties. Its doubtful if the other party would sign as I wouldnt in those circumstances.

Essentially this is a legal matter and you should consult with your solicitor. As has been mentioned numerous times we dont do legalities here therefore the thread can be locked. If Mellor is not back online in the next hour or so I will lock it.

RKQ

I agree with the above. Get a legal agreement drawn up by your Solicitor.
I see little or no advantage to you, in building on the party wall.

I strongly suggest that you dig your foundation on your side of the party wall.

You are lucky to have such an accommodating neighbour, he/she is unlikely to object to you plastering your new wall etc, even if you must "temporarily" remove the boundary wall for access.

I would build my extension on my side of the line, making good the boundary wall at the end of the project. Ensuring no foundation, roof or gutter overhangs the centre of the boundary line.:)

It will have little impact on your extension, it will maintain good neighbour relations and will not require a comprehensive legal agreement.

Mellor

So, I think all that can be said without going into legals has been said, so case closed

muffler

In after the lock .

Just to say that RKQ had given good advice and the overall conclusion that can be determined from all the comments here: lie with the solicitor or lie on your own side of the bed.