Party wall agreement with crazy neighbour and surveyor

[alex889]

Hello!

I have a bit of a crazy neighbour that doesn't answer notice letters, doesn't answer the door, and hides away all the time. I cannot get the person to sign my party wall agreement, so I spoke to a surveyor that recommended I get 2 surveyors, one for me and one for the neighbour. I know already the surveyor that will deal with the neighbour is not going to go anywhere as not even parcels can get delivered, so I'm not keen to pay possibly £1k for each solicitor to knock a door and get nothing done.

I'm trying to find a DYI way to serve notice again via some other form, perhaps record video of me knocking the door with today's newspaper to have enough evidence I gave notice and tried. I don't see any benefit from the surveyor fees to not achieve anything different than I would.

What are your thoughts in this situation?

 

[Tigercubrider]

Registered letter? Something that is signed for

 

[motorbiking]

If the neighbour simply does not respond to the notice, the neighbour is deemed to have refused consent once 14 days have passed. At this point, a reminder must be served, providing an additional 10 days for the neighbour to respond. Where there is still no response after the additional 10 days, the party carrying out the works is entitled to appoint a surveyor on behalf of the neighbour.

It doesn't really matter to you if that surveyor cannot get in touch with the party he is representing - he has been appointed and will represent.

A DIYer cannot be an appointed surveyor, particularly one with a conflict of interest. There is not need to register anything - unfortunately an unresponsive neighbour will need an appointed surveyor.

 

[ajohn]

it's a crazy law when a neighbour wont cooperate. It seems the same set up was applied to London. Thought to work so applied to the whole of England. Not sure about the rest of the UK.

In some respect the work that some one wants to do counts. This is down to interfering with a properties foundations. There are some rules but can't remember them. This maybe to allow people to have concervatories but the same could apply to a garden room. Depends on how it is built. It's possible to joint to a party wall and allow for some movement - if it happens. I did talk to an architect about it however neighbour problems even though I offered to fix the end of a messy edifice she has on the back of her house. Timber and suffering with increasing levels of rot. That would have been a party wall extension. Simplest solution but apart from depth dug it seems I can get on with whatever I want with the usual planning restrictions.

 

[RandomGrinch]

I had a similar issue with my neighbours - the house was unofficially let out and the landlords wouldn't respond to me.
In my case, context can help; I wanted to construct a loft firewall - my very pragmatic party wall surveyor said, carry on regardless!
The risk of damage to nextdoor was low, given the way we would build it, and the benefit to the neighbours would be high, given the protection from fire that they now had.
If you were to venture down this path, make sure you have building control on your side, and you may want to consider self-build insurance. Claims for non-negligent, accidental damage to your neighbours property, just won't be covered by your home insurance, or your builders liability cover.

 

[^woody^]

Why would you want to serve a notice on a neighbour that does not engage, and most likley wont be bothered or engage with the works anyway?

 

[^woody^]

A DIYer cannot be an appointed surveyor

They can. There is no qualification required. My Spaniel could do it if he could be serious for an hour or so

 

[motorbiking]

In the context of the OPs question he cannot appoint himself as surveyor. i.e. the DIY option.

It can be any person who is not a party to the works. So the DIYer requesting the works cannot be the surveyor. But I agree your Spaniel could, so long as he can get his head round sec 10.

 

[JP_]

I had that too. I hired a party wall surveyor and told the neighbour that they will have to deal with them, and mentioned that if they ignore him the next step is court. They complied.

 

[ajohn]

The problem I noticed is added cost. In my case a significant increase in what the project would have cost. Also the rather strange use of the word award. This is what the surveyor grants. It suggests money and it seems some get over the problems that way. It's also interesting to relate it to permitted extensions. It can put people who live in semi's or terraced at a disadvantage. I my case the "extension" would go out by 3 ~ 4ft as there is a covered area that would also be included built into the house.

Why do I have a problem. Down to a lamp post that part blocked our front access. She worked for the council and had been interfering with it being moved even before we moved in. I cottoned on and complained. She hasn't liked me since. When the workmen moved it she came out, mentioned names and told them they would loose their jobs. I wIsh I had recorded that. It needed moving ~3ft and of no real consequence to her. It was moved as a car hit it which allowed me to say they had on excuses. The council may at some point have had to issue a tree pruning order but the tree had been there for donkey's years and not growing any more. They never did issue one but this appears to be what it was all about. Her tree.

People are weird. From other people she thinks i hate her due to this. Wouldn't waste my time. I just think she is a bit stupid. She talks to my wife and ignores me. We used to chat regularly before this happened.

 

[mrrusty]

Unless what you are doing actually involves a risk to her property for which you could be liable, I would be inclined to just do it. She could apply for an injunction to stop you, but that's costly for her. Without a PWA, should there be any damage, you would have to prove that you didn't cause it, which is obviously a risk, so lots of photos before work commences would be good protection.

The fact is that the PWA actually protects the developer, not the neighbour, so in some respects a neighbour is in a stronger position without a PWA. https://architecture100.com/the-risks-of-not-serving-a-party-wall-notice-to-neighbours/

 

[ajohn]

so lots of photos before work commences would be good protection.

That was the advice from an architect and just get on with it avoiding digging too deep. A legal person wasn't much help.

The need is more pressing now - best way of effectively adding double glazing on our living room. The small extra space would be useful too thanks to loosing some due to extending the kitchen internally. That reduced another room to a small utility room.

 

[motorbiking]

It's fine until they start claiming damages against you for cracks in the wall, which are probably due to the hot summer.

 

[ajohn]

It's fine until they start claiming damages against you for cracks in the wall, which are probably due to the hot summer.

Built in 1911 and rendered. Suggests cracks are highly unlikely to occur.

A more interesting aspect is a short length of dividing wall added by this side long ago directly on the property lines. Perforated, patterned concrete blocks with capping stones. It seems doing something about that may be tricky. Some maintenance can only be done on this side, bocked and a section can not be. Removing some might make sense - that's why I initially suggested extending the actual party wall and fixing the messy end you can see for her at the same time.

It's interesting that a couple of capping stones at the far end from the house are missing. I assume they are on her side but how they came off isn't clear. They just need recementing in place. I asked - nothing happened.

Latest addition to her edifice is a tarpaulin on the roof - leaks. An awkward me would cost her £1000's to gain access on my side for maintainance. A legal man reckoned this was good value. Some odd stuff around, garage not fully back to use and skip needed.

The trellis was stuck up by my son. It's going. It's fine over the fence but not there.

 

[ajohn]

Oh North facing so actual patio is a bit further from the house. Raised so can't build out far without a lot of work.