Can't repair my property due to the persons next building a conservatory which is 4 inch between wall to wall
Question:it is hereby agreed and declared that all walls and fences dividing the property from the adjoining property on the westerly side thereof are and are and shall at all times hereafter for all purposes be treated as party walls and fences and that as between such adjoining properties all rights of way light air flow of water and soil drainage and other easements or quasi easements shall remain and be enjoyed as the now exist or are enjoyed or have hitherto existed or been enjoyed under one ownership. this is written in my deeds please can you tell me what it means. thank you .Andrew
Answers:
it means any gaps between the properties and of use to you both should remain. Couldn't you have protested to the council when the planning application was made? And did they make an application? If they didn't then their new conservatory must be dismantled!
Is there a question here somewhere?
It means that if you have a dispute like this you are either going to have to approach you neighbour to see if he will allow a temporary structure to be built over his property, you to indemnify him for damage caused, he may or may not agree subject to insurance. or you need a solicitor or arbitrator if that does not work. try the former first and the solicitor last
Most zoning laws require 5' minimum setbacks from the property line. ~
Party walls just mean joint responsibility. You will need to gain access for the repair to your property which might have meant asking permission to access through their garden etc. If their extension is blocking your access then you should find out if they have received planning permission. This would have been done through the local planning department at the council. If this was needed then they may have to take it down. Explain to your neighbour your problem you may be able to come to some arrangement. If not take legal advice.. You didnt explain what the repair was?
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