Is this a party wall or not?

[stevie888]

Have you looked at the government's explanatory booklet? If not see below:

The Party Wall etc Act 1996: explanatory booklet

www.gov.uk

What do your deeds say about ownership of the wall 4-6? This seems to be the principal root of the problem: if it's your's (either solely or shared with your upstairs flat) then I still feel it's nowt to do with the act and therefore no notice is required on no 4 and you should be under no obligation to pay for a surveyor who was not needed.

It is a sad fact of life that builders, curtain makers and the like check planning lists to tout for business and pester the applicant while PWSs pester the neighbours: "your property is potentially at risk and we will protect your interests at no cost to you" is a powerful lure. I always advocated to my clients that talking to neighbours early on was the best way to go. On several occassions, including my daughter's place, the neighbours were also considering a rear extension so they shared a party wall saving a fair bit of cost and giving more space.

I fear you have employed a less than competant guy who is weak and the neighbours one appears to be a bit of a rogue. I'm not sure how this sorry saga is going to end but I have a horrible feeling you will need the 3rd surveyor though if your neighbours guy has behaved unprofessionally you should go to RICS with a formal complaint.

 

[Nomadic78]

Thanks Stevie. I will have a look tonight at the deeds, I thought they were silent. It is messy yes, the freehold was owned by the estate agent who sold me the property. That took a year to resolve. Planning was another issue, I had to go to the planning inspectorate to get that passed. Now this.

I just hope by documenting this out, some other poor soul will not fall into the trap I have.

 

[wessex101]

Wessex, I cannot clarify much more, if you find it jumbled that is fine. At this point there is no point diving into the past.

The simple question is, is the wall a party wall or not? In your own statement you are saying it is might be a type A party wall. If true, then no issues with updating the relevant paperwork, but there is clear joint responsibility for the wall. The No.8 does not want to update the paperwork. If the wall is disputed, the act cannot apply.

What paperwork? The deeds do not need to be updated. Stop fixating on irrelevant details.

 

[Nomadic78]

 

[Nomadic78]

 

[Nomadic78]

 

[^woody^]

Party walls as defined by the PWA are not necessarily party walls as defined by any other document or common parlance.

House deeds have nothing to do with anything other than the Law of Property.