Party Wall Agreements

Wannabe_lawyer

Thanks for all your comments and views. My neighbour will dissent (so I’ve been informed) as she’s likely to sell in the future and the lack of a party wall agreement/award may ‘significantly delay the sale and potential buyer may be put off by not having an agreement in place’.
@Rdwill - it sounds like both you and I are victims of some less than moral so-called party wall surveyors out there :-(

Doozergirl

Wannabe_lawyer said:

Thanks for all your comments and views. My neighbour will dissent (so I’ve been informed) as she’s likely to sell in the future and the lack of a party wall agreement/award may ‘significantly delay the sale and potential buyer may be put off by not having an agreement in place’.
@Rdwill - it sounds like both you and I are victims of some less than moral so-called party wall surveyors out there :-(

See, that is utter rubbish.   Fake news!!

She's been had to relieve you of your money.  How does the PWS get paid if she just agrees? 

How big is this wall to
be underpinned?  Does she have an outbuilding on the other side of it? 

GR54

Rdwill said:

I think if you don't serve a Party Wall Notice and then there is a subsequent claim because you did (or allegedly did) cause damage to your neighbours property, then your defence is going to be harmed by not serving a notice.

I do not have much time for the Party Wall process or those masquerading as Party Wall Surveyors. Look back on my posts from May 2021 to see my grievance with the process.

That was in the days when almost everyone thought the Party Wall Act had extinguished your common law rights, and hence you would automatically be a 'building owner' if you carried out certain works, - thus meaning you would have a statutory duty to serve notice. Now it is known that you can exercise your common law rights (and not be a building owner) you are safe.  There is no statutory duty for someone not defined as building owner to serve notice on someone who's not an adjoining owner.  Just cite Lord Justice Lewison's words if threatened with an injunction. (Or Lord Justice Hickinbottom, or HHJ Parfitt, or HHJ Eyre, etc.)

Wannabe_lawyer

Doozergirl said:

Wannabe_lawyer said:

Thanks for all your comments and views. My neighbour will dissent (so I’ve been informed) as she’s likely to sell in the future and the lack of a party wall agreement/award may ‘significantly delay the sale and potential buyer may be put off by not having an agreement in place’.
@Rdwill - it sounds like both you and I are victims of some less than moral so-called party wall surveyors out there :-(

See, that is utter rubbish.   Fake news!!

She's been had to relieve you of your money.  How does the PWS get paid if she just agrees? 

How big is this wall to
be underpinned?  Does she have an outbuilding on the other side of it? 

She has a small outbuilding on the party wall. The wall that needs underpinning is about 6 meters long along the garden…

Wannabe_lawyer

@Doozergirl - do you have any evidence/literature to say that not having party wall agreement won’t delay her sale? The problem being that when you search the topic on google it comes up with comments of having a party wall award in place is essential and pitfalls of not having it. I can only sympathise with her predicament.

Doozergirl

Wannabe_lawyer said:

@Doozergirl - do you have any evidence/literature to say that not having party wall agreement won’t delay her sale? The problem being that when you search the topic on google it comes up with comments of having a party wall award in place is essential and pitfalls of not having it. I can only sympathise with her predicament.

Only 25 years of buying, developing, building and selling property.  And 18 years hanging out in this board and the buying & selling one.  It isn't a thing.  

No one has ever asked for a copy of a party wall agreement even when we've carried out works that have involved awards! 

The award is in place for the period of the works.  There's not even an obligation to inspect condition after the works have taken place. 

Your surveyor will have their claws in anyway and she's getting it for free.  You've got little hope of changing her mind.  

Wannabe_lawyer

Thanks @Doozergirl. I have no doubt you’re more than qualified to comment on the topic!

I am coming round to the thought that it’s a losing battle but hoping it will raise awareness for other people. I guess I wanted something to counter the ‘fake’ news as you put it on the internet about the need for a party wall agreement when selling a house and possibly convince my neighbour otherwise. Sadly, no ‘professionals’ wants to give information that stops them making money :-(