"Ownership" of a my side of a shared wall

Jul 31, 2017 4 Replies

Consider a terrace of three two-storey houses

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We own the middle house, numbered 2 on the diagram. The upstairs is slightly larger than the downstairs, because there is an alley (exclusive to our house, with a door on the front) which gives us access between the front and back of the house.



Our neighbour believes that our side of the shared ground-floor wall, between our alley and his house, is "owned by the council" (he is a tenant in a housing association house, we own our house) and that we should not do anything to that wall such as paint it, stack firewood and bags of coal against it or hang objects from nails/hooks in that wall.



This sounds absurd. My understanding is that, irrespective of ownership of boundaries as set out in deeds, you are allowed to paint, stack against etc, as long as you don't cause any damage - if I drilled into it and disturbed the plaster in his house or if things stacked against it caused damp, that would be a problem. But normal usage is different.



Who is right? I'm trying to get the housing association to give a definitive answer of their understanding, to be able to quote to him, but I think this goes beyond the fact that his house happens to be owned by a housing association rather than him. If what he was saying was true, you'd not be allowed to paint your own bedroom wall or hang pictures on it because it happened to be shared with the neighbour!



What are the normal rules about shared walls? I know with boundary fences/hedges, it is defined in the deeds which house is responsible for which wall. But what about shared internal walls? Is there any difference because the space on our side of the wall is an alley rather than a habitable room?



All covered by the Party Wall Act 1996.

See

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The Party Wall Act covers what you can do the explanatory booklet tells you what you can do .

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I am no surveyor but logically since the wall rises up and forms one of the walls of the upstairs room over the alleyway and that wall would be deemed to be a party wall where the boundary goes down the middle of the wall, Pa rty Wall type A and since the wall alongside the alleyway is supporting you r upstairs wall the actual boundary continues down the middle of that wall as well. If the alleyway was not there and the space was part of one of you r rooms the wall would be no different to the upstairs wall.

As far as I can see you can treat that wall as a typical party wall and the booklet lists a number of minor works that can be carried out without havi ng to provide notice. If you want to play safe then send one of the standar d letters provided to the housing association who I should imagine will not be too bothered and will simply point out your liability if the works weak en the structure. I am not so sure if you have to inform the tenant as he i s not the owner of the building but it might be courtesy to do so. As tenan t I suppose the only thing he can object to is nuisance during any works bu t if you promise to minimise any nuisance then there is very little he can object to after all you are entitled to maintain the wall. Painting it lean ing objects against it should not be an issue.

Richard

He's wrong, *unless* your deeds say something to the contrary.

You can do all of the above, and the person with the least power or right to complain is a tenant of the adjoining property.

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