Party wall Act and Right of Way

davecon1

Hi everyone

I’m hoping that someone might be able to give me the benefit of their advice.

I have planning permission to build a new build property on the side of my house in the place of a garage. The new build will run alongside a right of way which allows access to the rear garden of three of my neighbours. Party wall notice was served to two of the neighbours as the work was either on their boundary or within 3 metres of a structure and they both consented. No notice was served to the third neighbour as seemingly the new build was not on a boundary nor within 3 metres.

Unfortunately I have now found out that they have a concrete based shed which is not possible to see and it now requires notice to be served. During a conversation they have stated that they will dissent and go through surveyor which is their right but it seems overkill for a small concrete based shed. I know they cannot prevent the work, merely delay and increase the costs.

In addition to the expense of a surveyor they have requested that I rebuild their garden fence which is in a state of disrepair. This would be a trade off for the right of way having limited access during the excavation of foundations. I pointed out that the builder is required to keep the access clear but they were not satisfied. They have also asked that I build bin storage at the front of the house as additional compensation.

I don’t like the idea of being loaded up with costs but feel I have little choice but to agree. I’m concerned that even if we do agree that the moment it starts and the right of way is limited that I will receive an injunction or can it be build into the Party Wall Award?

Thanks for any advice. It’s squeaky bum time as I’m looking to start in the next few weeks. In principle they have agreed to let the work start earlier but what people say and do are two different things!

TheCyclingProgrammer

Can’t you use this as an opportunity to negotiate? If you were to agree to their demands to repair their fence and provide bin storage would they reconsider involving a surveyor and therefore reduce some of your costs?

davecon1

Thanks for the reply. As it stands the answer is a big fat no. I pointed out that by consenting as the other neighbours did then I’m still responsible for any damage. I could understand if I was digging out a basement next to their place but it’s a shed!

bris

I would tell him to do one, you have permission, you don't need to be blackmailed.


This neighbour will see you as weak and keep pilling on the demands. Put a stop to it before it starts.

Fire_Fox

Did you have informal/ neighbourly chats with the third neighbour, whilst you were formally dealing with the other two neighbours? I was wondering if deep down they are feeling out-of-the-loop/ nose put out of joint?

Would either of the suggested works benefit your properties, either directly or indirectly (view out of a back window)? Could you agree any slight changes that leaves it win-win-win-win (all 4 of you)?

Doozergirl

I don't think I should be saying it, but I agree with bris, they sound like utter chancers. They have nothing to bargain with you over, just that they want 'compensation'. The PWA doesn't allow for compensation for the reduced use of a right of way, nor building near their building, so they've no legal basis to be asking for any.

Yes, I see the absolute logic in offering them something in return for your not having to pay for surveyors, but if they're not playing that game and insist on blackmail then I would feel inclined to take the ball back altogether.

The need for a party wall agreement with them lasts as long as it takes you to dig and fill the footings in that are within those three metre. So how long will it take you to dig and fill in that section? Because if it's quick, there's no time for them to take out any kind of injunction.

Don't forget to take an awful lot of 'before' pictures of that shed so that you're only fixing any actual damage. I bet a whole shed cost less than one PWS invoice, let alone two.

davecon1

Fire_Fox wrote: »

Did you have informal/ neighbourly chats with the third neighbour, whilst you were formally dealing with the other two neighbours? I was wondering if deep down they are feeling out-of-the-loop/ nose put out of joint?

Would either of the suggested works benefit your properties, either directly or indirectly (view out of a back window)? Could you agree any slight changes that leaves it win-win-win-win (all 4 of you)?

Thanks for additional replies. Rebuilding the fence is about as close to a win - win as it gets as the right of way will lead straight to the entrance on the side of the house. If it is re- built it will look a lot better than it currently does.

I don’t have an issue agreeing to that but on top of paying for a PWA it’s into the p taking area! I should point out that they have objected at every stage of the process so it’s not coming as a surprise though our relationship is relationship is by no means bad.

Doozergirl

The time for objecting was during the planning process. Being difficult over a very minor party wall issue just for the sake of it is not cool.

TheCyclingProgrammer

davecon1 wrote: »

Thanks for additional replies. Rebuilding the fence is about as close to a win - win as it gets as the right of way will lead straight to the entrance on the side of the house. If it is re- built it will look a lot better than it currently does.

I don’t have an issue agreeing to that but on top of paying for a PWA it’s into the p taking area! I should point out that they have objected at every stage of the process so it’s not coming as a surprise though our relationship is relationship is by no means bad.

Are you also entitled to use this access/right of way?

davecon1

Yes I am. It leads to my garden too.

fezster

Doozergirl wrote: »

The need for a party wall agreement with them lasts as long as it takes you to dig and fill the footings in that are within those three metre. So how long will it take you to dig and fill in that section? Because if it's quick, there's no time for them to take out any kind of injunction.

Don't forget to take an awful lot of 'before' pictures of that shed so that you're only fixing any actual damage. I bet a whole shed cost less than one PWS invoice, let alone two.

Great advice from Doozergirl, which you should follow. Make sure the builders are aware of the possible dispute and plan accordingly to ensure the work is completed asap.