My Neighbour Wall is on Our Land – Can I serve Notice and Knock it Down?

Question

We live in a semi detached house. At the rear we are divided from next door by a brick wall built by them before we bought the property which forms the external wall of a lean to. This wall has been built on our side of the boundary. The boundary can not be disputed as it is shown as equally dividing the mirrored properties and this wall measures up as being inside our property.

So my question is this, can they stop me demolishing the wall if I serve them notice that it is my intention to do so? I am happy to rebuild said wall within their boundary with a contribution from them. I realise this might seem petty but the wall has been built over the manhole for my drainage with no lintel and is preventing structural work to my walls as it butts up against my section.

Answer

The Party Wall Act will not help you with this one – what you have here is a boundary dispute. Whether you can force them to move the wall would depend upon how long it has been in its current position and what rights they have gained. Unfortunately boundary disputes are not an area that we cover on www.partywalladvice.com.