Party Wall Act - My Last Hope

stator

haveanicedaynow wrote: »

But I would need proof, which I don't have.

If anybody has any actual advice regarding the party wall act it would be appreciated.

In county court you don't need 'proof' you just need to convince the judge that your version is more likely than the other person's

Guest101

loveka wrote: »

I went to 3 different solicitors actually, all said the same thing. Believe me, I wanted more than anything to get an injunction.

This also assumes you have the money to pay for an injunction. Over 3 thousand pounds you can afford to lose? - It's not, it's approx. £400, which you may get back Because the type of person who decides consciously to circumvent the party wall process is the sort of person to do anything they can not to pay your legal fees. - That's when you get a CCJ and bailiffs etc. Having already spent a lot of money on solicitors and surveyors I was out of money anyway.

Our neighbour is rich, we are very poor.

It's a shame me trying to help someone else with an experience that had me feeling suicidal at times brings out these snippy comments, on a forum that is meant to be supportive.

I'm not sure about snipey, I think people are surprised. At the end of the day, there are processes which are in place to help, if you choose not to use them...

teneighty

loveka wrote: »

I went to 3 different solicitors actually, all said the same thing. Believe me, I wanted more than anything to get an injunction.

It is too late for the OP and this case but you really should have gone to a reputable Party Wall Surveyor not a solicitor.

If a neighbour is reluctant to follow the Party Wall Act a well worded letter from an experienced surveyor is usually all that is required to point out the folly of their actions and the likely legal ramifications and costs if they continue work. An injunction is only used as a last resort and is very very rare.

The Party Wall Act is not perfect but does provide protection for both sets of neighbours, both those doing the work and those adjoining the work.

The point I'm struggling with is that the OP heard the builders on their roof but did nothing. Then on realising they had caused damaged simply had the roof repaired and said nothing. Now they are asking about the Party Wall Act, talk about horse and stable door!

loveka

Guest101 wrote: »

I'm not sure about snipey, I think people are surprised. At the end of the day, there are processes which are in place to help, if you choose not to use them...

I don't choose not to use them. I didn't have the money to get an injunction. And was advised that if I took out an injunction I would probably never get to sell my house in the future. And told that by the time I got the mythical injunction the wall would probably be up. Which it was, as surprise surprise he tore down the fence at 5pm on a Friday. The wall was complete by Sunday night.

You seem to be cut from the same cloth as my neighbour.