Party wall issue

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bernhund

Original Poster:

3,767 posts

195 months

Tuesday 2nd July 2013
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Hi guys, I live in a detached listed old school house which sits between 2 sets of Alms houses. My side paths separate the house from their side walls and each path has a stone gothic arch mullion fixed to their wall and mine.(see pic) The Alms house trust intend to insulate their properties by adding 4in of cladding to the outside walls, two of which run down my side paths. This means reducing both my paths by at least 4 inches. This in my opinion is actually on my land and though I appreciate the need for insulation, I'm not prepared to narrow the passages down as it would hinder my access and look horrible. The alms house trust didn't seem to recognise that this is an issue and hadn't even disclosed the plan to me. They seem to think they would just get on with it!!!
Excuse the OTT piccie, it was taken at Christmas but the lighting shows the problem areas better than a daytime picture. Does anyone know how I stand with this sort of issue? I just can't see how they can legally just whack 4in on their walls over my land. What if they thought they'd make it 8in or more. Just can't see it myself.


anonymous-user

56 months

Tuesday 2nd July 2013
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Assuming the walls describe the boundary of your land, AFAIK they can't just 'take' 200mm of your land!

I assume that the insulation that you speak of is external insulation? That is normally coupled with a new render finish which will change the aesthetics quite considerable (looks like stone currently). If the insulation they are using is EPS also think about any fire risks that may be increased.

bernhund

Original Poster:

3,767 posts

195 months

Tuesday 2nd July 2013
quotequote all
Yes, external insulation board, rendered with lime mortar. The buildings are ragstone construction & cladding will look dreadful in my opinion. I think that it might even make my house depreciate in value as the alms houses flanking what was the village school, give the look of a 'set'. At one time, apart from the ragstone church opposite, these were the only buildings in the road.

SmoothCriminal

5,109 posts

201 months

Tuesday 2nd July 2013
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Sorry no help here but just want to say your house looks amazing

anonymous-user

56 months

Tuesday 2nd July 2013
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Well if rendered with lime it is more likely to be wood or mineral fibre boards rather than EPS, so fire is less of an issue.

Aesthetics and space is the issue then. I agree about changing the look - do they have planning permission to do this?

bernhund

Original Poster:

3,767 posts

195 months

Tuesday 2nd July 2013
quotequote all
SmoothCriminal said:
Sorry no help here but just want to say your house looks amazing
Thank you Mr Criminal. I bought it in terrible condition with rats inside and all sorts. A labour of love!

anonymous-user

56 months

Tuesday 2nd July 2013
quotequote all
This is one where you really need to check the deeds.

It sounds like an old place that has been broken up and rights may well have been reserved.

bernhund

Original Poster:

3,767 posts

195 months

Tuesday 2nd July 2013
quotequote all
I've seen no notices regarding planning, so I suppose none as yet. The school ceased to be in the mid 1800's & the alms houses always residential. I think when built the complex would have been church property & interestingly the alms houses are not listed whereas my house is. I think I'd best have a chat with my solicitor as to what's on the deeds.
I do appreciate in this day & age we shouldn't live in the dark ages just because we may have old houses, but there must be a more attractive solution to keeping the heat in.

paulrockliffe

15,811 posts

229 months

Tuesday 2nd July 2013
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If it's your land, then it's not legal. Are the buildings not Listed? They look like they would be to me, but I'm no expert.

They could insulate the inside of the building, but that would be more expensive and inconvenient for them. And they'd lose 100mm of their own space.

anonymous-user

56 months

Tuesday 2nd July 2013
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There is normally a restriction as to what you can do in curtilage of a listed building so that may help. I would certainly have a look at the deeds ASAP before they start work.

Blue Oval84

5,278 posts

163 months

Tuesday 2nd July 2013
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Tell them to insulate the internal walls instead.

I have no idea if you can legally do this, but it seems to be the only thing that would resolve the problem!

Mandat

3,914 posts

240 months

Tuesday 2nd July 2013
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It might not necessarily be a Party Wall Act matter, if as you say the external walls of the almshouses are independent and are not party walls.

The proposed works that you have describes appear to be tresspass, and you might need to seek an injunction to stop the works if they insist on proceeding. As has already been said, you should very carefully check your deeds as there may be some easements or covenanats that give them the right to do these works. This is much more likely if it is a church property or historically the properties were part of a single demise.

elanfan

5,527 posts

229 months

Tuesday 2nd July 2013
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I'd issue a recorded delivery letter to the Alms House's Trust denying them access to your property to do the proposed work and that the proposed work would extend over your property for which they expressly don't have your permission to do.

Then take the matter up with the planning department or might it be English heritage - certainly what they propose materially affects the look of the buildings and you should make it clear that you object.