Issue with party wall on property I’m looking to buy

[potentialbuyer]

Hi all,

I am looking to purchase a property but I’m slightly concerned about the neighbours extension. The extension was meant to be within the boundary but the neighbour decided to build it literally on top of the property for sale (I’d say about 3/4 of the brick is over the boundary line). It’s pretty much complete, only missing a roof.

I queried this with the seller as it didn’t seem quite right. They do not reside at the property but says they have agreed this on the basis that the neighbour will pay for the wall and in the future the seller would be able to build an extension off that wall.

There is no party wall agreement in place and from what I understand only a few emails were exchanged (all seems very informal).

As the house is fairly small, if I were to add an additional brick, the extension would be a lot smaller so ideally the extension would be built off this “party wall” (which is technically more on the side of the property on sale anyway). Their extension is technically built right on top of the house for sale (their house has been built slightly forward so there is a clear line between the boundaries).

I guess what I am asking is, that if I was to use their wall for an extension would this potentially cause issues in the future (given this was agreed with the seller and not me) and if they were to ever remove the extension, would they be able to remove the wall which I would be using for my extension?

Is it worth purchasing the property or will it cause grief in the future?

Is there anything the seller can do / I can do once I purchase?

Would speaking to the neighbours help? Is there anything I / the seller can sign with the neighbours to confirm the wall can be used as part of my extension in the future?

To make things more complicated, the house is pretty much perfect for my needs apart from this….

Thanks in advance!

 

[just pumps]

think I would walk away.

 

[^woody^]

You need to determine what was actually agreed. Have they been given an easement or a licence? Is there a party wall agreement in place?

Then weigh up the risk

 

[potentialbuyer]

You need to determine what was actually agreed. Have they been given an easement or a licence? Is there a party wall agreement in place?

Then weigh up the risk

There is definitely no party wall agreement and as far as I’m aware there are only emails confirming that the seller agrees to a “party wall”.

The seller doesn’t understand why I’m raising this issue and is not very cooperative. In their opinion it’s the buyers responsibility to sort this out.

 

[^woody^]

In that case I wouldn't go ahead unless there are overriding reasons to purchase.

 

[johnny2007]

Your solicitor will advise better, however, you need a cast iron agreement in place prior to completion, otherwise there might be trouble ahead.
It's not unusual to have an extension on the boundary and let the neighbour use the wall for their future extension.
Your solicitor surely has seen this before, unless you've gone with one of the online conveyancing firms who employ parrots and monkeys.

 

[Bona Vacantia]

I guess what I am asking is, that if I was to use their wall for an extension would this potentially cause issues in the future (given this was agreed with the seller and not me) and if they were to ever remove the extension, would they be able to remove the wall which I would be using for my extension?

Any future work to the wall would require a new party wall agreement anyway. Unless you want the wall torn down for being over the property line whether or not there is a compliant notice in the past is irrelevant if there was no damage to the rest of the property.

If you're keen on extending I'd ask the neighbour now if they'd be alright with that to confirm what the seller has said. Not sure if it's possible or not to get a party wall agreement for your extension in place before you actually buy?

Edit: This page suggests you can serve a party wall notice with your prospective new neighbour without even a contract of sale before you buy if it's addressed from both yourself, and the current owner.​

 

[freddiemercurystwin]

Your solicitor will advise better, however, you need a cast iron agreement in place prior to completion, otherwise there might be trouble ahead.
It's not unusual to have an extension on the boundary and let the neighbour use the wall for their future extension.
Your solicitor surely has seen this before, unless you've gone with one of the online conveyancing firms who employ parrots and monkeys.

If only, solicitors IME are utterly useless with regards to anything untoward. Absolutely utterly useless. In fact often actually an obstruction.

 

[jeds]

Forget agreements; without a party wall award any agreement between the existing owners would end upon a sale of either of the properties. Going forward you would be relying on the act to resolve any issues. Technically, having built across the boundary, that wall is now jointly owned between the two owners. i.e. it is a party wall. Under the act you would be entitled to use the wall for an extension. The problem comes if/when you end up negotiating with a new owner who does not understand the act. And even a 'surveyor' who does not understand the act. They are about. This might cost you for PWA surveyors etc. when the current owner is merrily building without any of that cost. My advice is agree a sum for this and reduce the purchase price accordingly. Then you are covered for future potential time and cost.