Party wall/fence start date

[Mekak]

Hello,

So I've got a semi (lol) with a panel fence in the back garden along the boundary with my adjoining neighbour. I thought a previous owner (family member) had installed the concrete posts and fence panels around 30 years ago, neighbours says they installed. Neighbour has definitely replaced the panels around 10 years ago and paid for all works. Fence seems to sit astride the boundary.

Basically it's old now and looks shabby, was never stained, sound enough but starting to bow in places, capping at the tops of panels lifting off etc and I'd like to replace. Neighbour doesn't want this done even though I would do all the work and pay - reason given he just doesn't want it done...

Not a question about ownership or my rights to replace, I've accepted rightly or wrongly that my only option is to install new posts and panels on my side of this fence - so 2 fences right next to each other, will look odd but not much else I can do I guess.

So onto the real question - I have notified him under the Party Wall act with a template letter 6 from https://webarchive.nationalarchives...k/uploads/br/BR_partywall_explain_booklet.pdf and given the needed 30 days notice before works commence.

Only served the party wall notice as the fences will be so close together that any hole I dig for posts will go under the existing fence and I'll need to lift his panels to dig - and these 'foundations' will more than likely go under his flower beds by a couple of inches - I understand the party wall act gives me the right to do this?

So anyway, I can obviously have panels/posts/gravel boards delivered and get them stained before the 30 days - I'm guessing I can dig out holes on my side of the fence before the 30 days as long as I don't touch 'his' fence?

Tricky one as he's a right grumpy old man, being sensible and erring on the side of caution I should leave everything till the start date but then again want to get cracking ASAP - and after all it's my bloomin' garden I'm digging holes in before the start date!

Any thoughts please?

 

[Harry Bloomfield]

Why not serve the notice and wait the 30 days before doing anything? That might give him the chance to see sense and agree to your replacing the existing fence. Your house deeds should indicate who owns and is responsible for the fence, though nothing to prevent both owners sharing the cost.

There is nothing to stop you buying the items and preparing, but I would hold short of digging by his fence as it might inadvertently affect his property/flowers etc..

I think the Party Wall Notice generally requires two months prior notice as a minimum.

 

[^woody^]

The party wall act does not apply.

 

[Harry Bloomfield]

The party wall act does not apply.

I believe it does, read the leaflet linked to by the OP. It applies to any work carried out on the actual party wall and along the boundary of the premises, which might affect another party.

Further confirmed by this - https://www.partywall.expert/party-fence-wall/

 

[^woody^]

Timber fences, even with concrete posts are not relevant works under the PWA. Read the Act, not some or other leaflet.

 

[Notch7]

Timber fences, even with concrete posts are not relevant works under the PWA. Read the Act, not some or other leaflet.

Further confirmed by this - https://www.partywall.expert/party-fence-wall/

But what is says in the link, states almost exactly what Woody says:
An ordinary garden fence is not covered under the Party Wall Act.
Normal fences made of timber or concrete posts and timber panels do not come under the 1996 Act.

I always understood a party wall referred to a masonry wall that is just a wall, as opposed to a party wall that means a wall that is part of a structure -typically a wall between a pair of semis

 

[Mekak]

Thanks for the replies, Woody may well be right here as Section 3 of the leaflet I linked does actually say "This does not include such things as wooden fences".

Just tried reading the actual act and got to the second page before giving up!

I guess I do need some sort of 'cover my ass' legally sounding bull to be lifting up 'his' panels, right of entry, placing 'foundations' on his property etc.

Will wait the full month before doing any digging, he will find something to moan about but nothing I can do about that

 

[Harry Bloomfield]

Yes, on re-reading fences do seem to be excluded, but no harm in serving the notice anyway. It might well shake him up a bit to see sense.

 

[^woody^]

You can't serve a notice under the Act, or invoke the Act, or do anything under the Act if the Act don't apply. You can't make it apply.

It will all be a complete waste of time and effort, and have no effect or grant any rights.

 

[Mekak]

Agreed Woody, once you pointed out the PWA was irrelevant, I realised it was irrelevant

Spent 10 minutes altering the template letter and printing it, time well spent if my unintentional bluff smooths the way so to speak.

 

[Leofric]

Crazy, one fence next to another .

 

[Mekak]

Common sense (or rather his wife bending his ear) won the day and used the existing fence posts

Before and after if anyone cares lol