Party wall loft conversion, unresponsive neighbour

Lablabla

Planning a loft conversion in our 2 bed mid terraced house with a well known and well regarded loft company. 

Neighbours on one side very straightforward signed the party wall notice. The other side more complicated. 

We had a good relationship with the owner, an elderly lady who unfortunately passed away earlier this year. Her three kids are now joint executors of the estate. The two kids who had been looking after her we know quite well and again, good relationship with. They have both signed the notice with no problem, They just asked for before and after pics of their side which I said I could take for them as they live abroad (we have a spare key to their house). One of them is the “lead executor” for the estate, but does not think she has the legal right to sign on behalf of all three.

The third child apparently does not get on with her siblings. We have never met her. She has not signed the notice and is unresponsive to mine and her siblings attempts to try and communicate with her about the party wall notice (by email). I have no reason to believe she has any objection, I doubt she cares, she’s just not responding. 

So my dilemma  now is, do I proceed with the work knowing I have the agreement of two of the three joint executors, and that the third probably isn’t going to kick up any kind of fuss. Or should I appoint party wall surveyors etc and just accept the additional cost and delay. 

Any advice welcome 

grumpy_codger

AFAIK a notice has to be served, not signed. An agreement needs signing, but it's optional.

Keep_pedalling

I feel for the 2 executors who are lumbered by a third executor who could make winding up the estate very difficult, but this is not going to cause you any issues so carry on regardless. 

WIAWSNB

I'd agree with KPedalling.
And what is the worst case scenario here in any case? The third executor turns up at some point and insists on a PWA surveyor. I doubt they'd do this, and I doubt they'd succeed if they tried, but even if they did, it still won't scupper your plans.
It sounds as tho' this third sibling just isn't involved for their own personal reasons, but is not actively engaged in scuppering the execution.

casper_gutman

Strictly speaking if the siblings aren't able to consent to the works within 14 days of the notice being served then the Party Wall etc Act says they are deemed to have dissented and you both need to appoint Party Wall Surveyors. If they fail to appoint a surveyor within 10 days - which seems the most likely outcome from what you've said - then you're supposed to appoint one to act for them. I think this can be the same surveyor you're using. Neighbour Ignores a Party Wall Notice – What Happens? - Anstey Horne

In practice, given that both of the siblings who are actively engaged in dealing with the estate are agreeable, I'd  personally consider just proceeding with the work, but there is a risk in this if something goes wrong.