Neighbours RSJ in my property!

[Martin Carroll]

Just removed a wall in the renovation property today in order to turn two rooms into largish lounge.

As it happens the attached semi had this done some years ago (early-mid eighties I believe).

On removing the lounge wall at the point it attaches to the party wall what do I find but the neighbours steel supporting beam not only resting on my side of the (9") party wall but actually jutting 4" into the room!

To be honest it didn't completely surprise me as having done a little work on the adjoining property whilst waiting for my plans to be passed I had seen that the work done on this property was a little shoddy.

Anyway, I have structural engineer coming on Wednesday morning, hopefully to confirm that it will be all right to rest my beam on hers as long as a suitable padstone is put in the party wall. And also to OK my removing the offending 4".

My question is who would be responsible for the extra work possibly caused by this? I am actually on good terms with the neighbour and will not pursue her about this but would be interested to know the legal position on this.

Cheers

Martin

[dg]

Its a party wall, and as such the neighbour may well have rights to have the beam bear onto the full width of it.

You should be following the Party Wall Act too, and should serve a notice on the neighbour if you plan on sitting your beam on the wall, or on their beam, and if you want to cut it. You can't just cut it if doing so, will cause a problem for the neighbours.

You are responsible for the costs of all the work, costs of any work required on the neighbours side, and if you follow the PWA, you pay all fees too.

The alternative scenario is that the beam may be causing a trespass. But as its been so long, and you may not know what agreements were in place when the work was done, and if the protrusion was considered necessary/done for a reason and with the then owners agreement, then you would have a job proving otherwise

dg

[Martin Carroll]

Had the structural engineer in yesterday and he told me that it would be OK to sit my steel on the neighbours.

Martin

[sm_jamieson]

Won't you need some method of constraining the beam sideways, so it can't slide off ? Just a thought that you've probably already thought of ! Simon.

[sm_jamieson]

Well duh. You didn't say it wasn't going into the wall also. Simon.

[Frank Erskine]

That sounds quite painful for the neighbours.

[Tony Bryer]

Won't they mind?