What is a Party Fence Wall?
A party fence wall is a wall that stands on the land of two different owners, separating their land at the boundary. Almost as if there were an invisible line drawn down the middle of the wall. It doesn’t separate buildings, just land. These are usually built from brick or another solid material, and more importantly, its usually jointly owned, which means both neighbours have a legal interest in it.
This means that if you want to alter, demolish or build against the party fence wall, you’ll need to serve notice on your neighbour and make sure you follow the formal process that the Party Wall etc. Act sets out. It’s important to note here that timber fences aren’t considered as party fence walls under the Party Wall etc. Act, as the term only applies to walls that divide land, not buildings. Walls that divide buildings are just known as party walls, and we have other blogs that go into these in more detail.
What rights you have: If it’s a party fence wall, then you have the right to carry out certain works under the Party Wall etc. Act. This can include raising, repairing and rebuilding. You can even demolish it completely if you get consent from your neighbour first. BUT you do need to follow a strict process to do this, otherwise you risk legal challenges. So you’ll need to serve notice on your neighbour, and if they dissent you appoint surveyors to agree a party wall award. This award sets out what work can happen, how it’s done and what protections are needed.
Who maintains it: Where a party fence wall is shared or jointly owned, responsibility for repair and maintenance costs will also often be shared, although this can depend on the cause of the damage, who benefits from the work and the specific circumstance around the need for repair.
So, What’s a Garden or Boundary Wall?
For the purpose of this blog, we’re using ‘garden wall’ or ‘boundary wall’ to mean a wall that is wholly on one owners land, rather than built astride the boundary. This effectively means it is owned by one personand they’re the ones who pay for its repair and maintenance. Even if it looks like the wall is separating two gardens, if it’s entirely on one side of the boundary and built by the owner on the owner’s land, it’s not a party fence wall, which means your neighbour has no right to alter or build on it without permission. This is one of the reasons why understanding where your property boundaries lie is so important.
What rights you have: If it’s a garden or boundary wall that sits fully on your land, you generally have the right to maintain it, repair it or rebuild it, or knock it down, replace it and build against it, as long as you follow planning and building regulations. However, you can’t trespass onto your neighbour’s land to do this work, and you must make sure you don’t cause damage to your neighbour’s property either. If you need access, then you’ll need to speak to your neighbour. In some cases, there may be statutory routes to seek access, but this should be considered carefully and usually requires legal advice.
If the wall belongs to your neighbour, then unfortunately you have no right to carry out work to the wall, and will need their permission before you do any work to it at all.
How do I Know Which Type of Wall it is?
Understandably, there’s quite a lot of confusion around this, and one of the most common questions we get is how to tell which type of wall you have.. And unfortunately, it’s not always obvious just by looking at the wall. Instead, you need to check the title deeds or plans for both properties, as these usually indicate ownership or boundary lines. Usually being the key word there, as they don’t always!
You should also look at the positioning of the wall. If it straddles the boundary, then it may be party-owned, but if it’s offset, then it could be a garden wall. Again, this isn’t foolproof, as plenty of people have built walls without checking the boundary first! You should also check the historical use and maintenance of the wall. If both parties have treated it as shared, then that supports it being a party fence wall.
If you’re really stuck, we would always recommend you get a professional boundary survey, as a surveyor can help clarify the situation with measured evidence. In our experience, assumptions can lead to conflict, which is why it’s so important to check before even planning works involving a boundary wall. Remember, you may need time to serve a party wall notice, so this step should always come first.
Knowing the difference between a garden wall and a party fence wall is important to help you avoid expensive mistakes and arguments with your neighbours. If you’re not sure on what you have, it’s always best to check before making any changes. That’s where we can help. At Harrison Clarke, we have a team of specialist party wall surveyors who can help you understand which type of wall you have, and guide you through the process of any works you want to do. If you’d like to know more, just get in touch with the team today.
For more expert advice on surveying and property matters, check out our range of informative videos on our website or YouTube channel. Harrison Clarke Chartered Surveyors is here to guide you every step of the way!
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