If you are planning any redevelopment works to your property, you must let your neighbours know. And if the redevelopment work is on a property boundary between you and your neighbour, you must also ensure that you comply with strict Party Wall legislation.

If your redevelopment plans fall on a property boundary, or a neighbour has started a development on your shared boundary with them, then at BTMK, our party wall solicitors in Benfleet can offer you expert legal advice to help with any concerns and protect your rights. This can also include the building of a wall wholly on your land but up against the boundary line.

What Is a Party Wall?

A ‘party wall’ is a property such as a brick wall or part of a building that is shared by two or more neighbours, with one side being your property and the other side being your neighbours’. There are strict and complex legalities regarding what you can do with a party wall. Please note that structures such as wooden fences are not included in party wall disputes.

Furthermore, If you plan to:

  • excavate, or excavate for and construct foundations for a new building or structure, within 3 metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations (see diagram 6); or
  • excavate, or excavate for and construct foundations for a new building or structure, within 6 metres of any part of a neighbouring owner’s building or structure, where any part of that work will meet a line drawn downwards at 45° in the direction of the excavation from the bottom of the neighbour’s foundations

you must inform the Adjoining Owner or owners by serving a notice

Party Wall Disputes

Disputes with a neighbour are difficult to litigate in general. But if you are concerned about potential party wall disputes contact BTMK today. Our expert legal team will work with a recommended party wall surveyor. This surveyor will be highly experienced and work alongside us to get the best outcome possible for you.

Whether a party wall is made by a neighbour when it shouldn’t have been, or you want to check your rights to develop on a party wall, contact us for expert legal assistance. Some surveyors can get it wrong, that’s why we only use an expert surveyor to check the party wall rights for you. Party wall disputes can be a very complex area of the law, but we can guide you through it. We also apply to the County Court when it’s necessary.

If you don’t follow the correct procedure, then Adjoining Owners may seek to stop your work through a Court injunction or to seek other legal address. You may also be entitled to take the same action if you are the Adjoining Owner.

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Adam Fleming

Litigation & Dispute Resolution | BTMK Todmans

Fiona McAnaw

Litigation & Dispute Resolution , Employment | BTMK Solicitors

Gabriella Shepherd

Litigation & Dispute Resolution | BTMK Todmans

Emily Aylott

Litigation & Dispute Resolution | BTMK Solicitors

Makayla Phillips

Resolution, Insolvency & Insolvency Litigation | BTMK Solicitors

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