I have just noticed that the Adjoining Wall to Next-door is built on My Side of the Boundary? Is this a Party Wall Matter?

Question

I moved into my property several years ago and only noticed a couple of years ago that the adjoining wall (at the front)  to our properties has been built on my side of the boundary. The neighbour said it was difficult to dig the concrete out when they were laying the drive and the owner of my house at the time had agreed to the wall being built over on my side  / my property

The neighbour is fine about it and said he is happy for sign over the wall to me  – is this the best thing or the right thing to do to protect my rights and preserver the original boundary  (the boundary wall has been in place for about 11 years, so can this affect where the boundary lies over time) and what sort of agreement would I need – a standard party wall agreement ?  

Answer

This isn’t a party wall matter so not  something that we cover on www.partywalladvide.com. 

From your description it seems that you predecessor gave his consent for the boundary to be moved. If that was not confirmed in writing then it would be up to your neighbour to claim adverse possession.  As he seems willing to sign the wall over to you there shouldn’t be an issue but I would recommend that you get the deeds updated to reflect this change. 

Like I say though, this is not our specialist area so you should really have a chat with a solicitor.