A patio door has two sides, a fixed stationary side and the opening sliding section. Both the door handle and locking system are normally located on the sliding door section of the door. During the survey, sliding the patio glass door should be a simply task when the door operates correctly. The patio door when working correctly should easily move when opened and closed. The wheels and track on which the patio door slides are located on the underside of the sliding door, this is what allows the patio door to slide.  Over time and as a result of wear and tear and lack of maintenance, it is expected that the building surveyor will find some sort of fault on most patio doors or sliding window defects.

The typical types patio door repairs that building surveyors find are,

• The patio door does not slide easily. When the sliding door won’t slide easily the wheels may need to be lubricated or replaced. Occasionally the entire track under the sliding door may need to be replaced.
• The door lock is stiff to turn or will not engage with the receiver on the door frame.  The patio door wheels might need to be raised or lowered, the door lock or receiver may need to be adjusted or the lock may need to be replaced.
• The key will not turn in patio door lock after the lever is moved. The door lock cylinder need to be replaced.
• The Glass is cracked or is misted between panes.  Toughened glass should only be used in patio sliding doors, a crack in the glass would indicate that toughened glass was not used. The glass needs to be replaced.
• Patio door may fall off track very easily. The patio door wheels need to be replaced or the track may need to be replaced.

If the sliding wheels where installed too low in the first place the sliding door will over time shave the patio door track, this will wear out the track over time.  This will also lead to the door lock not lining up with door receiver, resulting in the patio door being difficult to close.

Most sliding door wheels carry a lot of weight in addition to getting a lot of use. When patio doors become more difficult to slide, it is mostly the patio door wheels that are causing the problem. The door wheels get dirty and can wear out with normal use.  Like all other areas within your property, it is important to service the patio door wheels, before they begin to wear out your track. Repairing or replacing the sliding door track is more time consuming and difficult then replacing the sliding door wheels.

As with all aspects of your property, most defects can be repaired without the more costly option of replacement. The important thing is to repair any defects as early as possible to avoid a more serious and costly issues from arising in the long run.

Who represents property owners following boundary issues noted in a building survey:

cracked boundary wall

When appointment a professional to advise on both boundary walls and party walls. this can be done by using an ‘Agreed Property Surveyor‘, with the mutual agreement of both property owners, or a surveyor can advise one party alone as to their own situation and options regarding both boundary and party walls.

Acting for Adjoining Owners:

Surveyors are often engaged by Adjoining Owners, in the event of a dispute or general concern as to construction that is or may be built in the adjoining property.

A property surveyors expertise in this field should allow building work to proceed legally and without unnecessary cost, delay or inconvenience ensuring the rights and duties of both parties are fully understood and observed at all stages of the process.

Before you engage any professional to advise in this area you should agree in advance a fair and reasonable charging structure based on the complexity of the works at an early stage without commitment or obligation.

Building surveyor comments on Boundary disputes

Rain water discharging into neighbours property

The Land and Conveyancing Law Reform Act 2009 is designed to help adjoining property owners resolve any disputes about works on or near the boundary line between two properties if they themselves cannot come to an agreement.
Boundaries are denoted on Ordnance Survey plans and also on the title plans on the title deeds. Each registered property title has a title plan. This map shows your property’s physical rather than legal boundaries. It is not unusual that the boundaries indicated on title plans may not be accurately represented on the ground.

What do you do if you as a home owner or a neighbour complains that a new wall is overlapping their property, or their new extension takes up part of a pathway between your houses. A small difference in interpretation can quickly become a major dispute involving solicitors’ letters and court action. The legal costs involved may also be substantial so it pays to get a better understanding and independent assessment before rushing into legal action or challenging your neighbour on the boundary location.
What should you do.

Assuming you do need to appoint a building surveyor to advise you, ideally the surveyor should have specialist knowledge in this area and can advise on whether or not you have a case.
Marking out the exact boundary.

Accurately identifying the boundary between two properties often requires specialist knowledge. The red line drawn around a property on the Land Registry plan only shows the general boundary. It does not identify whether the exact boundary runs along the centre of a wall or hedge or along one side of it. Ordnance Survey maps are equally unreliable because, as part of the mapping process, they do not mark exact property boundaries. So a line surrounding the property is not necessarily the property boundary. Also the use that both parties have made of the boundary wall can give easement rights over the boundary wall even though the they may not own it.

A boundary can change over time for many reasons, like a re-planting or positioning of a hedgerow or a fence that moves slightly every time it is replaced. The reason for such changes is rarely recorded and can lead to disputes, especially if the owner has lost the right to move the boundary line back to its original position.
Dealing with disputes.

If a boundary dispute has arisen, the key to resolving the dispute quickly and successfully is to employ an expert as soon as possible.

Please feel free to contact us for more information.

If you are thinking about buying or already living in a property with party walls or boundary dispute or other issues, then hopefully your situation has been simplified by the new Land and Conveyancing Law Reform Act 2009.  The new act will assist surveying practitioners who previously relied on numerous Building Control Acts, Building Regulations and past cases under common law in relation to property easements and disputes.  If you are unfortunate to have boundary concerns, please read through our website as it will give you some general  advise on Party Wall and Boundary Wall disputes and other matters.  If the general information does not answer your questions concerning party wall issues, please give us a call and we can more accurate information depending on your exact circumstances.

As experienced Party Wall and Boundary Surveyors, our firm is the leading authority in this field in Ireland. We are members of the Association of Building Engineers and are also affiliated with the Faculty of Party Wall Surveyors, the recognised leading professional bodies on Party Walls matters and practical guidance.

Boundary wall in wrong location

Boundary wall disputes

Party Wall Disputes

It is worth checking before buying a new property or starting an extension whether the boundary are located in the proper location according to the folio map or title deeds of your property.  If you buy a property or start extension works without following the correct procedures you have the possiblity of ending up with delays and associated increased contract costs and potentially an expensive legal dispute. If you caused damage or find that your boundary walls are not agreed or clearly documented, you may end up with hefty compensation payment to the adjoining building owner and professionals.

The Land and Conveyancing Law Reform Act 2009 is designed to help neighbours resolve any disputes about works on or near the party line between two properties if they themselves cannot come to an agreement. The Act allows the building owner to do works following an application to the District Court for a “works order” whilst protecting the rights of the adjoining owner. In some cases works can be carried out without first consulting the adjoining owner. If you are thinking of buying a house with possible boundary issues it is of paramount importance that you get the vendor to sort out these issues before you buy.

If you are your neighbour plan to go ahead with any construction on or adjacent to the party wall / boundary wall, always get the opinion of a party wall surveyor to check that your structure will not be damaged and equally importantly that the proposed neighbours structure will not restrict you from building adjacent to the boundary on your own property in the future.

If you are concerned about works your neighbour has carried out which has caused damage, you may need to instruct a surveyor to examine the damage in order to make sure the issue is correctly remedied.

Assuming you do need to appoint a party wall surveyor to act for you, ideally they should have specialist knowledge in this area.

The Boundary.

The Land and Conveyancing Law Reform Act 2009 is designed to help neighbours resolve any disputes about works on or near the boundary line between two properties if they themselves cannot come to an agreement.

Where is the boundary line

Boundaries are denoted Ordnance Survey plans and also on the title plans on the title deeds. Each registered property title has a title plan. This map shows your property’s physical rather than legal boundaries. It is not unusual that the boundaries indicated on title plans may not be accurately represented on the ground.What do you do if you as a home owner or a neighbour complains that a new wall is overlapping their land, or their new extension takes up part of a pathway between your houses?A small difference in interpretation can quickly become a major dispute involving solicitors’ letters and court action. The legal costs involved may also be substantial so it pays to get a better understanding and independent assessment before rushing into legal action or challenging your neighbour on the boundary location.

What should you do.

Assuming you do need to appoint a surveyor to advise you, ideally they should have specialist knowledge in this area. We specialise in both boundary wall and party wall matters with relevant knowledge in this area and can advise on whether or not you have a case.

Marking out the exact boundary.

Accurately identifying the boundary between two properties often requires specialist knowledge. The red line drawn around a property on the Land Registry plan only shows the general boundary. It does not identify whether the exact boundary runs along the centre of a wall or hedge or along one side of it. Ordnance Survey maps are equally unreliable because, as part of the mapping process, they do not mark exact property boundaries. So a line surrounding the property is not necessarily the property boundary. Also the use that both parties have made of the boundary wall can give easement rights over the boundary wall even though the they may not own it.
A boundary can change over time for many reasons, like a re-planting or positioning of a hedgerow or a fence that moves slightly every time it is replaced. The reason for such changes is rarely recorded and can lead to disputes, especially if the owner has lost the right to move the boundary line back to its original position.
Dealing with disputesIf a boundary dispute has arisen, the key to resolving the dispute quickly and successfully is to employ an expert as soon as possible.
Please feel free to contact us for more information.

What is a Mediation Agreement

mediation checklist for boundary dispute

Following an acceptable resolution between adjoining home owners, a building surveyor will draft a written agreement detailing the terms and conditions of the settlement they have reached and to which they have agreed. When both home owners agree to its terms, the parties, and the building surveyor /mediator, will sign the written agreement. Mediated Agreements on boundary wall issues are binding on both parties unless it is expressed not to be so.

What We Do

As Structural Surveyors regularly act for both the building owner and for adjoining owners.

If you are considering an investment in some form of construction including attic conversions, a ground floor extension, garages, or even structurally modifying a shared ceiling or floor in a apartment or duplex it is likely that you will run into a party wall or boundary wall issue.  A “party structure” is defined as :“any arch, ceiling, ditch, fence, floor, hedge, partition, shrub, tree, wall or other structure which horizontally, vertically or in any other way

(a) divides adjoining and separately owned buildings, or

(b) is situated at or on or so close to the boundary line between adjoining and separately ownedbuildings or between such buildings and unbuilt-on lands that it is impossible or not reasonablypractical to carry out works to the structure without access to the adjoining building or unbuilt-onland,

and includes any such structure which is

(i) situated entirely in or on one of the adjoining buildings or unbuilt-on lands, or

(ii) straddles the boundary line between adjoining buildings or between such buildings andunbuilt-on lands and is either co-owned by their respective owners or subject to some division ofownership between them.”

More often than not a Party Wall Surveyor will become involved in a major construction project.

Even minor construction delays can add major costs to a building cost. If a boundary dispute arises it can result in expensive litigation and lead to long term cost of angry and resentful neighbours which nobody wants.