party wall

System

Your solicitor sounds a bit clueless on party wall related issues

tiff456

Oh that is good about the presidents.

Yes I'd heard its now 10 years for adverse possession BUT the authority give the neighbour 65 days to refuse (which he would) then we have to wait 2 years to reapply before we could be successful.

We don't have 2 years, I'm just trying to find out how to sell my house given the current situ and lawyers wanting it signed off... a sign off I can not currently get.

harrys_dad

Seems like you have a useless lawyer who has not kept up to date with the law. Much better advice available for free on here. I suggest you get your lawyer to read this thread and chase up the case law mentioned.

Biro

Well, assuming that trespass is not an issue, the PW etc Act is certainly not an issue, you have no problems. Unfortunately, no amount of legislation can counter the vexatious nature of an adjoining building owner.

tiff456

I have spoken to (and may well hire) a RICS party wall surveyor, he seemed v well informed and said what the previous owner did was within the party wall act (what he built) the bit he did wrong was not putting it in writing to the neighbours.

Apparently the neighbours could not have stopped the work but they could have altered the manner in how it was carried out. (apparently the act, even allows permission for foundations to be under the neighbours property if that was the case).

Although the work being carried out is obviously long since history.

After ten years of super friendship with said neighbour I hope this can still be resolved and the RICS guy may just go round and have a chat with him and reassure him his rights have not changed. (he feared I now own that wall etc and he couldn't ever extend using it which is not the case).

All this is just going off what I'm being told.

thanks all for your advice, has helped a lot on a difficult day.

tiff456

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

Both solicitors (buyers and thereby mine) wanted me to get in writing from neighbours they "consent and were aware" regarding the extension/party wall

(which I had thought was no prob as until yesterday they had always been happy with it).

So the only actual problem is the lawyer wants the bit of paper and I currently can't get it.

DTDfanBoy

Do not hire a party wall surveyor, in my opinion you will be opening a very expensive can of worms

tiff456

Well he knows he would have a week to make the issue disappear..(I wouldn't pay for anything after that time as would be too late so to speak) I think that would be worth paying for given what other options do I have to make this disappear in that time scale?

He thinks he can talk to neighbours, reassure their fears and get them to sign.

If my buyers lawyer wants the bit of paper I have to produce it regardless of law seems to be my situation.

tiff456

In case anyone is interested in the possible resolution I have been offered - I have been advised if they still will not sign after the attempt via RICS party wall surveyor, then instead we can just take out a simple indemnity policy to reassure the buyers.

Though everyone (professionals) seems to agree they would stand no chance on winning a legal attempt to remove/alter the extension after so long and no actual problems with it, least it would stop the buyers solicitor worrying and let us move forward.

comeandgo

Would it not be cheaper to just take out the policy and not risk further agro with neighbour and surveyor?