boundary wall

boundary wall

Postby tooler » Mon May 04, 2009 5:59 pm

Hi wonder if anyone can help?

I live next to a school. There is a high boundary wall between us. I am building a shed which is INSIDE my side and is not attached to the boundary wall.
The roof is apex and I am putting PVC Sofffit/facia and guttering. The school has objected to my shed as they claim water is running down into their property from my shed roof; as I haven#t yet had a chance to put guttering on. They also say that if I put guttering on it will br over THEIR boundary wall and will be a danger to the kids??

Are there any rules/laws covering this.:mad:
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Re: boundary wall

Postby DOC » Tue May 05, 2009 5:31 am

Very basically you cannot go building/adding things on their side of the wall (e.g. gutters, fascias and soffits) without their permission - it's called trespass!
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Re: boundary wall

Postby sw101 » Tue May 05, 2009 5:40 am

what DOC said. if you put a gutter or your building overhangs their property at all it is an illegal development. depending on the location, you should not be building right up to the boundary wall anyway.
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Re: boundary wall

Postby tooler » Tue May 05, 2009 9:56 am

thanks guys; why cant I build up to the boundry I am not attaching anything to it??:rolleyes:
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Re: boundary wall

Postby henno » Tue May 05, 2009 10:01 am

tooler wrote:thanks guys; why cant I build up to the boundry I am not attaching anything to it??:rolleyes:


so you are not using the boundary wall at all??? does it form any part of this new shed??

if not then as long as you gutter doesnt extend over half of the boundary wall you are fine...

conventionally, the halfway point of the boundary wall is the actual boundary...
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Re: boundary wall

Postby tooler » Tue May 05, 2009 12:08 pm

thanks henno; no nothing is attached to the boundry wall at all; I have cut the rafters back and replace the siffit/facia and guttering is now halfway and is not resting/touching the wall. I hope this will do!:rolleyes:
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Re: boundary wall

Postby DOC » Tue May 05, 2009 1:48 pm

henno wrote:if not then as long as you gutter doesnt extend over half of the boundary wall you are fine...

conventionally, the halfway point of the boundary wall is the actual boundary...


Be careful now!

Boundary/party walls are weird leagl entities! Both parties whollly own the entire wall (not just half the wall or up to the halfway point) but the wall is mutually exclusive, i.e. no party can do anything to the wall without the others consent.

I am quite the boundary wall expert. :p (having been involved in a 5 year courtcase over one - on the right side of course!).
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Re: boundary wall

Postby henno » Tue May 05, 2009 3:43 pm

DOC wrote:Be careful now!

Boundary/party walls are weird leagl entities! Both parties whollly own the entire wall (not just half the wall or up to the halfway point) but the wall is mutually exclusive, i.e. no party can do anything to the wall without the others consent.

I am quite the boundary wall expert. :p (having been involved in a 5 year courtcase over one - on the right side of course!).


just to clarify, the OP stated he wasnt 'doing' anything to the wall.... therefore i was making the point that the halfway point of the boundary is the notional vertical plane of the boundary... therefore i was advising to ensure that nothing extended beyond this plane...

is this not correct??

is there any other legal quirks that are applicable to boundary walls??
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Re: boundary wall

Postby tooler » Tue May 05, 2009 4:17 pm

I understand what DOC is saying;; usually it appears that the center line is considered the main point of concern; however it is possible that the wall could be wholly built on one persons property; however as the foundation of this wall is a good 8" into my property I doubt this to be the case in this instance;
A surveyor friend has indicated that I should stay on the center line and no further.

:cool:
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Re: boundary wall

Postby Rusty Cogs » Thu May 07, 2009 3:37 pm

Does anyone have a link regarding the law and rear extentions. (Friends neighbour is currently building, windows over looking her garden).
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Re: boundary wall

Postby RAW » Fri May 08, 2009 12:53 pm

If your friend's neighbour has planning permission, then
not much can be done if neighbour had not objected
at the time to the Council.
If the development is carried out without planning permission,
then one of the rules for exemption from planning states that,
a first floor window should be minimum of 11m from boundary.
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Re: boundary wall

Postby Rusty Cogs » Fri May 08, 2009 4:40 pm

It's just a single story extention but their garden is slightly elevated so the extentions two boundry side windows will look across and down into her garden. Was thinking of erecting trellis against her side of the boundry wall as a screen. I don't think your allowed raise the height of the wall but I wonder what the story is with such a 'solution' ?
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