Party Wall Fence Disputes

A party wall fence is a fence that separates two adjoining properties. It is typically shared by the owners of both properties, who have equal rights to use and maintain it. Disputes over party wall fences can arise for various reasons, including boundary disputes, maintenance obligations, and disagreements over the height or style of the fence.

Free Initial Telephone Discussion

For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of  construction law, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.

Common Party Wall Fence Disputes

Some of the most common disputes involving party wall fences include:

• Boundary disputes: Disagreements over the exact location of the boundary between two properties can lead to disputes over the ownership and maintenance of a party wall fence.
• Maintenance disputes: Disagreements over who is responsible for maintaining the party wall fence can arise, particularly if the fence is in need of repair or replacement.
• Height and style disputes: One party may want to increase the height of the party wall fence or change its style, while the other party may object.
• Encroachment disputes: If a fence encroaches onto a neighbouring property, it can lead to a dispute between the owners.

The Party Wall Act 1996

The Party Wall Act 1996 provides a framework for resolving disputes related to party wall fences. The Act requires property owners to give notice to their neighbours before undertaking certain work on or near a party wall, such as building extensions or altering the fence. If a dispute arises, the Act provides a procedure for appointing a party wall surveyor to resolve the matter.

The Party Wall Surveyor

A party wall surveyor is an independent professional who is appointed to investigate and resolve disputes related to party wall fences. The surveyor will typically:

• Examine the property: The surveyor will examine the property to determine the location of the party wall fence and assess any damage or defects.
• Consult with the parties: The surveyor will consult with the property owners to understand their views and concerns.
• Issue a party wall award: The surveyor will issue a party wall award that sets out the terms and conditions for the work to be carried out.

Resolving Party Wall Fence Disputes

There are several ways to resolve party wall fence disputes:

• Negotiation: The parties may be able to resolve the dispute through negotiation and compromise.
• Mediation: A neutral third party can help the parties reach an agreement.
• Arbitration: A neutral arbitrator can make a binding decision on the dispute.
• Legal proceedings: If the parties cannot resolve the dispute through negotiation, mediation, or arbitration, they may need to take legal action.

Conclusion

Disputes over party wall fences can be stressful and time-consuming. By understanding the Party Wall Act 1996 and seeking professional legal advice from a firm like Blackstone Solicitors, you can increase your chances of resolving the dispute efficiently and amicably.

How we can help

We have a proven track record of helping clients deal with construction law. We will guide you diligently and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting. You can read more about the range of construction law services we offer by clicking here: https://blackstonesolicitorsltd.co.uk/construction-solicitors/

How to Contact Our Construction Solicitors

It is important for you to be well informed about the issues and possible implications of construction law. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.

To speak to our Corporate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in Blog, News Tagged as

Comments are closed.