Party Wall Agreement when neighbour died and house on Probate

ravipal

I have just drawn up plans for a single story rear extension on my 3 bed semi. Sadly my neighbour died recently and I have learned that the property is on probate. In the mean time I have served a "line of junction notice - new wall astride the boundary" using the example letter 4 available from the Ministry of Housing, Communities & Local Government website. Since I don't know who the new owner is I addressed it to the "Home Owner" and handed it to the deceased sister-in-law, who will be sending it to the next of kin. Under the present situation, I would not expect to get any response to this any time soon. The notice that I served states that in the event of "No Consent", (and as per my plans) I will build the new wall wholly on my land and up to the boundary line after the notice period for a response has lapsed. I do intend to appoint a Party Wall Surveyor for this, but before I do that I wanted to ask the question here, to try and get some information as to when I can expect to start the work.
So my question after I have appointed the surveyor, can I start the work after the notice period for a response has lapsed ? or will I have to wait till the property ownership gets resolved either through the sale of the property or inheritance by a next of kin or by some other means ?

Doozergirl

I think many of us would just get on and build the thing.  😬

twopenny

Shouldn't the letter have gone to the solicitors dealing with it?

Or is it only family as executors?

It's the primary executor who should have any formal letters affecting the property. You could send another letter and add a reasonable time by which you require a response otherwise you will be proceeding with the build.

I don't know if there is a legal amount of time you have to give notice or can accept that it's agreement by omission

greatcrested

handed it to the deceased sister-in-law

Had she died at the same time, and was that really wise?

But seriously, did you not think to ask her who the deceased's Executer or Administrator was? That is who should be responding.

But yes, I'd just start work.

kate153

The owner is still the owner even if deceased UNLESS probate etc is granted and the property ownership has been passed to the beneficiary. Any executor is acting on behalf of the estate and therefore has capacity to respond. If uncertain, I’d suggest serving a notice addressed to ‘The Owner’ at the property address. This covers you and allows the service of a ten day notice to the same addressee and subsequent appointment of a surveyor under 10.4.b (if a neighbour fails to appoint a surveyor). If a new owner comes forward (whether a beneficiary or purchaser) I’d ask for evidence of the transfer of the title just to be sure... Land Registry takes months to update so if a property has changed hands in the 6 months prior it may not be an up to date record.

All the above is with the assumption that you decide to serve notice!

Davesnave

greatcrested said:

handed it to the deceased sister-in-law

Had she died at the same time, and was that really wise?

But seriously, did you not think to ask her who the deceased's Executer or Administrator was? That is who should be responding.

.....or even the executor.