Boundary wall .... can she ?????

Hi All

thanks for the replies

I seen her today , its a very old terraced house 1920's shared only small boundary wall

with the footings for the extension they dug under her patio , which from what I have been told they can do , so the wall is flush on to her patio

she likes the idea of the post's and can easily lift the flags for them to go into and fix the trellis on to that and train the rose wisteria clematis honeysuckle from the border soil on the edge of her patio , she got a bit carried away with the amount of plants though

Spruce

 

It is written into my house deeds that I have to maintain my neighbours garage wall.

 

Presumably that means you can paint it in order to protect it from the weather or fix battens to it to fix climbing plants that will in turn stop the weather getting at the wall.?????

 

It's painted brick Pete. If it needs re-pointing or painting that is down to me too but I still have to ask permission to attach anything to it. Unfortunately it's also written in my deeds that I can't plant anything within nine feet of the length of the boundary (through front and back garden) as there is a gas mains pipe running along it. However, there is an existing hedge that butts up to the end of the garage that was planted before the gas pipe was laid. It's quite annoying really, the position of the garage is an eyesore to the right of my lounge window and I can't use plants to disguise it. I can't plant anything further out either because access is needed to a side path of my home.

 

Can you plant in containers and train up either free standing trellis, or wires attached to wall?

 

<<<<<< never ceases to be amazed

 

The wall needs to be astride the boundary or separating 2 buildings (not 1 building and a garden) to be a party wall.

The Party Wall Etc. Act gives neighbours the right to consrtuct walls right up to the boundary without their neighbour's permission , for the foundations to project into the neighbour's property and provides rights of access to carry out the works. They only need their neighbour's permission for a wall to be located astride the boundary. They also have rights of subsequent access to maintain it.

Constructing an external wall of an extension right up to the boundary would only be possible with flat roof, or mansard roof type details (of which the latter obviates the need for overhanging on 2 storey extensions), otherwise there would be the issue of overhanging eaves/guttering that is not permitted by the Party Wall Etc. Act.

So it's not a party wall and there's no right to fix anything to it. (I attended a seminar on The Act held by The Pyramus and Thisbe Club many years ago when I had RICS CPD requirements to fulfil, and I'm so glad to be shot of all that stuff after I retired, only needed to resort to it on one project).

 

How the hell did the neighbours manage to get that put into YOUR deeds???

 

My guess would be that Sheal's house is built in part of what was formerly part of the neighbour's garden (or was built on an adjacent plot they also owned), so they were able to impose restrictive covenants/easements.

The stuff about maintaining the wall is a positive/personal covenant.

Alternatively Sheal (or predecessors in title) may have bought some additional garden from her neighbours up to that garage prior to the most recent changes in law that gave neighbours rights of access for maintenance, so they (the neighbours) ensured binding provisions for maintenance before they relinquished access.

 

My property is sixty five years old, I've only been here nine. The land was originally part of a farm and when the 'plot' was sold on certain restrictions were written into the deeds. I must point out that my lounge is an extension built some 20+ years ago, the original lounge now dining room doesn't look onto the garage.

There are some strange laws and regulations on the island and this is one of them. I'm also not allowed to build beyond the original building line of my property to the front.

No land has been acquired or disposed of since the building of the properties in my road.

 

Do you have "On island" and "Off island"/"Open market" properties, like Guernsey?

 

Sorry Kristen, I don't understand the question.

 

In Guernsey in order to allow locals to be able to afford housing they designated some properties "on island" and others "open market". Price for "on island" is dramatically less as only residents can buy. "open market" can be sky high as anyone permitted to buy property on the island can bid - market forces of world wide buyers applies. Islanders can buy an open market property of course, which I suspect for any that manage to afford it is a good investment.

 

I'm with you now. No, it's a normal market here and the island residents aren't given any special treatment in that respect. However, if a new estate of homes is given the go ahead the builders are required by our government to build a percentage of first time buyer homes on that estate. These properties can only be bought by island residents.