Line of junction notice
A line of junction, is an imaginary line that separates the land of adjoining owners.
Section 1 of the Party Wall etc. Act applies where lands of different owners adjoin and:
- are not built on at the line of junction; or
- are built on at the line of junction only to the extent of a boundary wall (not being a party fence wall or the external wall of a building),
and either owner wishes to build on any part of the line of junction.
The notice must be served by the party wishing to build the wall, at least one month before they intend the building work to start, giving a description of the proposed works.
Having been served with the notice, the adjoining owner must serve a notice indicating their consent. This stipulates that the wall should be built on half of the land of each owner or in another position that they may agree on, and that the expense of the wall shall be split between them depending on the use that has been, or is to be, made by them.
If the adjoining owner does not consent, then the building owner is only able to build the wall at their own expense and it must be entirely on their land. They may still, within 12 months, place below the level of the land of the adjoining owner projecting footings and foundations necessary for the construction of the wall. They must compensate any adjoining owner and any adjoining occupier for any damage to their property.
A template line of junction notice is as follows:
|
To: (Adjoining Owner) of: [Address] I/We (Building Owner) of: [Address] as owner(s) of the land and premises known as: [name and number] which adjoins your premises known as: [name and number] I/we hereby serve NOTICE on you Under Section 1 (2), subject to your written consent it is intended to build on the line of junction of the said lands a *party wall/party fence wall. Under Section 1 (5) it is intended to build on the line of junction of the said lands a wall wholly on *my/our own land. Under Section 1 (6) it is intended to place projecting footings and foundation on your land at *my/our expense. The accompanying drawings show the proposed works which are: [details of the works] I/we propose to commence the works after the expiration of one month from the date of this notice or earlier if you agree. In the event of a dispute arising for settlement *I/we would appoint as *my/our surveyor: [name and details of surveyor] Signed Date |
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