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Agreement for Maintenance of Wall Along Common Boundary Between Adjoining Landowners

State:
Multi-State
Control #:
US-0610BG
Format:
Word; 
Rich Text
Instant download

Description

Adjoining landowners are the owners of lands that are separated by a common boundary line. A person may use his or her property in any reasonable and lawful manner if such use does not deprive an adjoining owner of any property right recognized and protec

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FAQ

Party wall: i.e. a wall within a building that joins two properties and forms the boundary between them; Boundary wall, within a garden, so placed as to separate two parcels of land in different ownership;Building faces: a boundary may run along the side (or front or rear) face of a building.

If you wish to allow your neighbour to build his extension on the boundary line you should agree and sign a party wall agreement stating that you can also use this wall at a later stage if you decide to make changes, or whatever to your property.

Single story extensions to the side of your property to be no more than four meters in height and no wider than half the original size of the property. For those building a double extension on their property, you cannot go closer than seven meters to the boundary.

A neighbor will not own the part of a structure that encroaches on their land. Instead, the encroachment will be viewed as an act of trespass. Also, although the neighbor will be able to sue that person for trespass, they will not automatically gain legal title to the portion of the building that is now on their land.

Don't Let Your Extension Go To The (Party) Wall Act 1996 () where you intend to:construct a new wall or structure at or astride the boundary line with an adjoining property, or. excavate within 3 or 6 metres of an adjoining building or structure (depending on the depth of the works)

You can drill into them. But you would be damaging their property, and so liable for the damage you cause. And, of course, you would be committing trespass. And that's ignoring any criminal implications you could be at risk of criminal damage.

You must tell your neighbour if you want to: build on or at the boundary of your 2 properties. work on an existing party wall or party structure. dig below and near to the foundation level of their property.

Talk to your neighbor: Your neighbor may be willing to move whatever is on your property over to theirs if it's something like a garden or something else that can be easily moved. Sell the land to your neighbor: Another option would be to sell the land that's being encroached upon by your neighbor to that neighbor.

As a last resort, if you feel confident that your property is being encroached upon, you can file a claim in court and ask a judge to decide the boundariesbut the more you involve the legal system, the more cost you will incur.

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Agreement for Maintenance of Wall Along Common Boundary Between Adjoining Landowners