Party Wall Appointment
Kensington, London W14
(London Borough of Hammersmith & Fulham)
Close to Hammersmith, Notting Hill and Earl's Court. Within the catchment area of our Ealing office.
Background: The works required excavation for foundations within 3 m of the adjoining owner's property and below the level of the adjoining owner's foundations. The building owner also wanted to replace the boundary wall with the flank wall of his extension.
We were initially appointed by the building owners following which, the adjoining owner appointed us as Surveyor to act on their behalf as well, i.e., as 'Agreed Surveyor', in which role a Surveyor acts impartially for both neighbours.
There were two adjoining owners to the works.
The works involved the erection of a ground floor rear extension.
Conclusion:
In order for the Surveyor to determine whether the rear extension flank wall may straddle the boundary line, he must first determine whether the existing boundary walls separating the neighbour's gardens are Party Fence Walls or only Fence Walls. If there is an existing boundary wall straddling the boundary line, it may be replaced with a new wall in the same position, i.e., astride the boundary line.
Viewed from the building owner's land it appeared that the boundary wall was the red brick wall (pictured) was situated wholly on the building owner's land (and offset slightly from the boundary line). However, from the adjoining owner's side it could be seen that there was an old white wall which dated back to the age of the house itself, which straddled the boundary line and was a Party Fence Wall. Hence, the building owner had the right to replace the boundary wall with the flank wall of his extension.
The architect who had previously visited the property and viewed the boundary wall from the building owner's side only was not aware of the existence of the white wall and thus had designed the extension wall to be situated wholly on the building owner's land. When he was provided with the information that there was indeed an existing Party Fence wall which straddled the boundary line, he was able to amend the drawings to show that the rear extension flank wall would replace the boundary wall and be situated astride the boundary.