Similar walls that lie completely on single-owner land are not partial fences and are not covered by the Act. A carved wall is a wall that is located on the border, but has no buildings attached to it. The classic example is a garden wall. Wooden fences are not fence walls for parties.
A dividing wall is defined as “a wall (which is not part of a building) that is located on land owned by different owners and is used or built to separate those adjoining lands. For the purposes of the Partial Wall Act, a partial fencing wall refers to a structure, a masonry wall with foundations. While physical boundaries can be created with a variety of materials, such as fences and hedges, the Party Wall Act applies only to walls. Shared walls that are part of a building are classified as dividing walls.
The term “dividing wall” is used to differentiate between a garden boundary wall and a building boundary wall within a building or “median wall”. There are different rules associated with different types of walls. For example, if you plan to carry out works affecting a party wall that forms part of a building, you will have to notify neighboring properties affected by the works at least two months before you plan to start the proposed works. On the other hand, if the proposed work is to excavate near a border wall, which is a medial wall, you can give just one month's notice.
A border wall is a wall that is completely on an owner's land. Its piers are also located on that same terrain. On the contrary, a party table is located on both sides of the dividing line of two properties. Essentially, a median wall is a wall that is located on either side of the boundary between two separate lands, with different owners on each side of the wall.
Part of the wall above the ground (not just the foundations or bases) must straddle the boundary. The dividing wall is not part of a building or structure anywhere on the ground. Steven Way, practice director at Collier Stevens, says: “There are often misunderstandings here. Without the agreement of a neighbor, there is no right to build a wall over the border line.
The Party Wall Act DOES allow foundations to be built on the border, but only “when necessary”. In my opinion, they are never necessary for domestic work and are rarely necessary for larger projects. In almost all cases, an eccentric base can be designed, in which the wall is on the outer edge of the base. These are one of the most commonly used foundation designs in rear or side extensions and are generally preferred by Party Wall Surveyors.
The dividing wall law allows for the absolute right to build up to the property line between you and your neighbor. It also allows you to build on both sides of the border line, but only with your neighbor's consent. Although it is clear that a fence is not a wall, within the law of mediation, a border wall built on the border line is called a dividing wall. The Partisan Wall Act does not refer to fences. This question often comes up when people want to build side extensions.
The rules of lateral extension are the same as those of any other limit. The wall can only be used if it is already a median wall or a dividing fence, meaning that the dividing line must cross it. If a wall is completely on the neighbor's side, the Partisan Walls Act doesn't grant you any right to use it, but it does give you the right to cut it with a stopajuntas. If you build on your land far from the border (even a small amount), you don't need to tell your neighbor.
However, if you are building foundations, you may need to submit a notification under Article 6 of the Party Wall Act, if your building is less than 3 meters away. See also “Digging near your neighbor”. If there is any disagreement about any work on a border line, including compensation, Party Wall surveyors must be appointed and the boundary dispute resolved using the resolution procedures of the Party Wall Act, etc. Usually, this means that a Party Wall Award is agreed upon.
For more information on disputes, see “Dispute Resolution”. The fact that an occupant or other person denies entry or obstructs entry to a person who has the right to enter a premises under the Partidal Wall Act constitutes a crime that can be prosecuted before a trial court. For most of the works affecting the party wall, the shared owner must be notified at least one month in advance before the works begin. Because the ownership of a partial fencing wall is shared, both owners have certain rights and responsibilities under the Act.
The Walls Act, etc. of 1996 makes a difference between a “partitioned wall” and a “boundary wall” that is placed entirely on an owner's land. However, if the wall is not a mediating wall, your neighbor has no right to do anything with the wall. The Party Wall Act is a law enacted in England and Wales in 1996 to detail the procedures for making changes to shared walls. An example of a medial wall is a wall between the gardens of two properties, which acts as a single boundary element.
Therefore, a median wall is a wall that is located on both sides of a boundary, and the boundary will normally run along the center line of the wall. What this website does offer are tips for locating the position of a boundary within a party gate and on how to transfer the center of the gate to the garden in cases where land titles show that the boundary is a straight line running along the party wall and continuing in a straight line through the front and back gardens. A dividing fence is usually made of masonry or brick; a wooden fence with wooden posts is not usually treated as a “fence wall”, even if it is the only limiting feature between two properties. Your neighbor has the right to use a security wall for some purposes, as long as the terms of the Party Wall Act are met. Under the Wall Act, some works to separate fences require notification to the appropriate neighboring property owners.
A property owner doesn't necessarily own any of the boundary walls of their property, for example, if all of the walls surrounding the property have been built on the side of the neighbors' boundaries. If you place a border fence, the bases may be placed below the edge of the land that belongs to the adjoining property, but the fence itself must be located at your terrain. While there may be problems related to party walls in buildings, many more disputes relate to the boundaries between gardens or dividing fences. As the name suggests, this type of warning is for any type of excavation in or near a party gate.
