party wall

tiff456

Hi, I guess I'm hoping for a bit of advice if anyone knows about this situation I've found myself in or experienced anything like it.

I am in the process of selling my house. 11 years ago the previous owner built an extension.

I don't think he followed party wall act and got the neighbours permission in writing, just verbal. But no one tried to stop the work and in the 11 years since no one has ever raised any objections to the council or any authority regarding the extension.

I moved in one year after the extension was built so have been here 10 years and enjoyed really good relationship with both neighbours (the houses are terraced).

The problem is the extension is built on top / up from the outer edge/full width of the party wall on both sides. It follows the outside edge exactly and does not cross passed the outer edge of the party wall.

However when I approached my neighbour they have decided after 10 years of no complaints they are now unhappy with it, which had me completely stunned (and in tears when I got home, as it was so unexpected due to previously always saying he was fine with it).

They have always said they were fine with it and, obviously never complained to any authority after a whole decade has passed so its devastating now we are trying to move after ten years they have simply changed their mind, and are unhappy and I assume due to my own fault of the last lawyer not getting it in writing, they now control my ability to be able to sell.

Any advice would be much appreciated, my lawyer is looking into it and thinks we probably need the neighbour to sign he is happy which currently he wont do.. he plans to sell some point down the road and believes it will impact him and is very clear he is now not ok with it.

Are we now legally liable that previous owner did not get permission in writing from neighbours as per party wall?

jc808

calm down

the party wall act only applies until the work was completed

did prev owner get planning permission/ building regs sign off

id not worry about what neighbour thinks after 11 years

you shouldnt have approachede them

tiff456

My lawyer told me to approach them to get them to sign. But yes you are prob right, but I was following my legal advice

The previous owner has building regs sign off as complete but not planning (was done under permitted development from what I know).

Sorry to sound worked up but I have lost 2 houses during sale/purchase and its heartbreaking so to think we could lose our buyer now and hence lose a 3rd is a bit emotional for me.

I_have_spoken

Sounds like the neighbour has had 10 years to stew on this and decided to grab some compo as he think's you need him to sign to sell.

What document is your lawyer suggesting the neighbour must sign? There's no such thing as a retrospective party wall award

N.B. If the visible wall is at the boundary, it's 99% certain the foundations will have crossed the boundary and are in theory committing a trespass, which I guess is what the neighbour gave verbal consent to 11 years back.

tiff456

He says he wont be paid off (have spent ten years thinking this guy was a brilliant friend and spent a lot of time with him - so was floored when he said this and wouldn't sign). Hence me saying it seems for now he can stop us moving.

I guess worst case we can knock it down and rebuild it a foot narrower but obviously will have lost sale and purchase by then.

DTDfanBoy

Did you not read the post from JC808, if there was no damage resulting from this extension being built you have absolutely nothing to worry about

Biro

The Party Wall etc Act 1996 cannot be applied retrospectively. You have no need to involve your neighbour at such a late stage. Any damage that may have occurred as a result of the works would have clearly manifested themselves after 11 years.

Building regulations cannot be enforced by the LA after 12 months, planning after 5 years.

Assuming that the increase in the height of the wall does not overhang your neighbour's property, this includes eaves details and guttering etc., then trespass is not an issue. However, since it is 11 years, you could successfully argue that you would have acquired this right by adverse possession anyway.

martinsurrey

the party wall act covers alterations to boundaries, and is forward looking.

his time to complain was during building work, where he could have got the work stopped.

the Act does NOT cover anything after the work is finished and doesn’t even have an enforcement procedure.

your wall does not cross the boundary so he cannot complain about its placement, so really has no leg to stand on.

might be worth contacting someone with good knowledge of the party wall act to get a letter drawn up to both the neighbour and any prospective buyer to addresst his.

Biro

Also, you have the right under the Act to place unreinforced concrete footings on his land. He could not have stopped you from doing so at the time of construction. The fact the the relevant notices were not served does not change this.

tiff456

my understanding (could be wrong) is the edge wall of our extension DOES cross the boundary as with party wall don't I legally own half way "into" the wall and he owns the other half.. and my extension takes up the FULL width not half of this wall.

We were told adverse possession is after 12 years, we have had it 11 years.

Biro

Used to 12 years. Now 10. It does not matter that you have gone the full width, you have the right to raise a party structure - see Section 2 of the Act. Case law below will provide further guidance.

Bennett v Harrod's 1907
Matts v Hawkins 1813
Watson V Gray 1880
Moss v Smith 1977

I know of others, but you get the gist.