Neighbourly dispute
- Thread starter jaguar1
- Start date
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So which is it? Damage or a poor repair?
So let me get this straight...
1. You had a dispute with a neighbour over a shared wall.
2. During litigation, this was deemed to be a party wall.
3. An agreement was drawn up.
4. Both parties undertook to be legally bound by the agreement.
5. Since then, work has been carried out by the neighbour (or his contractor).
6. The work has resulted in damage to the party wall.
7. You have asked your neighbour to bear or share the cost of repairs.
8. Your neighbour has declined or refused your request.
9. You don't know what to do next.
Is that all correct? If not, please correct it.
1. You had a dispute with a neighbour over a shared wall.
2. During litigation, this was deemed to be a party wall.
3. An agreement was drawn up.
4. Both parties undertook to be legally bound by the agreement.
5. Since then, work has been carried out by the neighbour (or his contractor).
6. The work has resulted in damage to the party wall.
7. You have asked your neighbour to bear or share the cost of repairs.
8. Your neighbour has declined or refused your request.
9. You don't know what to do next.
Is that all correct? If not, please correct it.
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ok , since the work was done and paid for by my neighbours , half of my flashing has fallen off the garage wall which used to be the middle wall supporting two garages , there garage was demolished and moved. The flashing was fixed to the top of the wall where it meets the roof ,i ts fallen off and is sitting on the ground .
Should they arrange a builder to fix it and pay for it themselves ? ? Meanwhile the inside of my wall is still getting wet
Should they arrange a builder to fix it and pay for it themselves ? ? Meanwhile the inside of my wall is still getting wet
Well, unless the party agreement says otherwise, then of course they should.
So, give them an ultimatum.
No it is not a party wall
The PWA defines what is and is not a party wall for the sole purpose of the the Act, and thus how the Act applies when the Act is invoked
The PWA does not define what is or is not a party wall for any other purpose
Also the PWA only applies while work is in progress. Once work is complete then thats it as far as the PWA is concerned
Unless the award made reference to specific performance, then the OP would have to allege negligence and prove in the county court that the neighbour owed a duty to him in common law. However, from the details posted, the neighbour does not seem to owe any such duty as the OP is responsible for his own maintenance and can not rely on the PWA.
He's already said that it was deemed to be a party wall in the previous dispute.
But the Act does not apply now, does it?
The Act only applies when doing work covered by the Act - once that work is finished then the Act does not apply
Your previous award has no relevance now
But that's a statement, not a question, isn't it?
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