has anyone used the Party Wall Act to raise the height of a wall?

[whatcolourisyourfriday]

Hi mumsnet,

There is a beautiful Victorian stone wall between my garden and my neighbour's garden.

Sadly, about 15 years ago, he put a 3m high shed there. He uses it for his building business and the window directly overlooks my hideyhole.

I've put planting against it (please no pleached trees suggestions - he just cuts into them - and please no "I'm surprised he got planning permission"s - he didn't bother - he's a bully) but it's no good - he hates plants and cuts them back. He can't see what's wrong with his window overlooking the very small corner (the only place in the garden with a view).

So! I've decided to stop moaning and shell out to raise the height of the wall. Obviously I will ask him first and seek consent but failing that I think I will have to follow the Party Wall Act procedure. I want to raise the height to 2m (I think that is the maximum without planning) and it will cost a bomb but after 15 years it will definitely be worth it to get some privacy back!

Has anyone used the process and did you get what you wanted?

Lemony - yep, had the planning officer round, he said "well that would be a bit of an extreme interpretation". But I was a nice girl, eager to appease back then and had problems with my own children that had to come first.

Plus guy next door is hard as nails and at that time had an aggressive doberman (I don't blame the dog, I blame the owers).

It's now too late to enforce.

Soup, these are from the 1860s. There is nothing at the Registry except for the title plans which I suspect you know are useless (showing straight lines where clearly thereisn't a straight line, etc etc). Plus title plans are not meant to show the precise location of boundaries (hence the disclaimer at the top when you send off for them).

The title plan does however contain a declaration that the walls between number 3 and 5 are "party walls and shall be maintained(etc) as such". So I guess I'd have to say that extends to garden walls too...

Where does the wall start? You have party walls between your two houses. You own half on your side and your neighbour owns half on the other. If the outside wall is an extension of this to the exterior, it is a party wall and again half is on your property and half on your neighbours. The boundary itself is an imaginary line in the middle. If the wall is stepped in slightly (half a brick width), then it is on the property it is stepped onto.
Get a chartered surveyor if you need to (one who does party walls). A Party Wall Surveyor doesn't need to be a surveyor and it is a bit of a chancer title.
If it is a shared party wall, you could put up a wood panel on your side (half brick width over ) and grow a riot of scented roses against that panel. It would serve a dual purpose of screening and protecting you roses from your naughty neighbour.

If the wall is stepped back on your property then you can do anything within planning rules.

“Get a chartered surveyor if you need to (one who does party walls)”

Thank you -that’s very helpful.

“A Party Wall Surveyor doesn't need to be a surveyor and it is a bit of a chancer title”