Party Wall / Agreement

Joined
4 Jun 2010
Messages
2
Reaction score
0
Location
Bedfordshire
Country
United Kingdom
About 4 months ago, I got a Building/Home Improvements firm to begin work on my property (3-bed semi detached). Planning permission and Building Regulations were sought/approved.

A major part of the work involved extending the rear of the property, into the garden. As the builder began the initial work, the neighbour and the builder had a conversation (I was not present) and they agreed to let the wall of my extended portion become a Shared Party Wall. The reason for this is that the neighbour was thinking of extending his own property in the future, so he figured that it would be of benefit to him if I let him use our wall. Since I was paying for the wall, the benefit to me was that he would let my builder build the wall on HIS side of the garden (about a foot of free triangular space, which he can't really use for anything), thereby giving me some extra space on my extension. So basically, I pay for the wall, and he gives me some space.

Council Planning/Consent & Building Regs were also amended to take account of this.

The agreement, at this point, was just verbal. The builder was supposed to draft the agreement and get both parties to sign before any further work. But in my absence, he built the wall BEFORE he had drafted the agreement for both parties to sign. The neighbours seemed perfectly happy with it and never complained as the roof was being put on and the work continued. The builder insisted that this was ok and that he would get an Agreement sorted soon.

And now weeks later, before he had a chance to get the Agreement signed, the neighbours daughter (who lives far away) came by and visited and objected to her parents land being used for the wall - despite the benefit of being able to use my wall (which I am paying for).

Yes, I was naive to trust my builder, but to be frank I am ignorant of these laws/regulations and I'm now learning all sorts of things; from party wall notices to party wall agreements - all of which seem NOT to have been adhered to! I thought I could leave everything for the Building firm to manage for me, as I work in the City and am usually not around.

I am going to try and talk to the neighbours and get them to agree to everything, and show a little compassion - since they showed no objection, and never raised any issues with anyone about the building.

What can I do to avert any action or injunctions being taken against me?
 
Sponsored Links
they agreed to let the wall of my extended portion become a Shared Party Wall. The reason for this is that the neighbour was thinking of extending his own property in the future, so he figured that it would be of benefit to him if I let him use our wall. Since I was paying for the wall, the benefit to me was that he would let my builder build the wall on HIS side of the garden (about a foot of free triangular space, which he can't really use for anything), thereby giving me some extra space on my extension. So basically, I pay for the wall, and he gives me some space.

So has this changed then? Has the owner changed his mind?
 
they agreed to let the wall of my extended portion become a Shared Party Wall. The reason for this is that the neighbour was thinking of extending his own property in the future, so he figured that it would be of benefit to him if I let him use our wall. Since I was paying for the wall, the benefit to me was that he would let my builder build the wall on HIS side of the garden (about a foot of free triangular space, which he can't really use for anything), thereby giving me some extra space on my extension. So basically, I pay for the wall, and he gives me some space.
So has this changed then? Has the owner changed his mind?

The builder told me today that the neighbours daughter (who doesnt live there and recently visited) raised some objections to the extension which is partially on their land (a very tiny triangular portion of 1 foot).

At this point, the neighbour (owner) hasn't confirmed any objection to me, but I will find out tomorrow. Anyway, in the event that he does object (despite the wall being there for over 4 weeks and never complaining before), do I have any defence?

I was misled by my builder to think that this was a simple matter for him to deal with, and I didn't think that he would leave it this late and that the neighbour may end up objecting!

P.S. I dont live at this property.
 
I'm no party wall expert but at this hour on a Friday night beggars can't be choosers and as no one else has replied so I'll give you my two pennies worth!

I would strongly suggest you have your builder with you tomorrow as he was the numpty who agreed it and your neighbour (if he now denies it) may find it more difficult to lie to your builders face!. Obviously an amicable and softly softly approach is required at this stage. Logically your neighbour has had 4 weeks to object and would have objected the moment your builder started to build over the boundary so I think it would be hard for him to deny knowledge of the conversation that evidently took place. Seems odd your neighbour has not spoken to the builder if he has had a subsequent change of mind. When you say the neighbours daughter 'came by' do you mean she spoke to you or your builders?

I don't think you can do much until you find out what the owner thinks tbh. It really depends if he objects or not not his daughter, if he does he can take legal action and I guess you will have to fight it, I'm no solicitor either so I do not know if a conversation between the builder and the owner will be binding or not.
 
Sponsored Links
Hi

I would suggest that you leave your builder out of the equation for the time being, and let them get on with what they do best!

You need to concentrate on not upsetting your neighbour, at this time you are trespassing - there is a saying that 'any verbal agreement is only as good as the paper its written on' and this is the position that you now find yourself in - so tread carefully and don't get impatient!

Just format a SIMPLE letter, include your address and their address and state what has been agreed between you and your neighbour, include space for signing and counter signing at the end of the text (print name, signature and date). Do not leave any significant gap between the text and the signatures as this may encourage people to enter text at a later date!

Print off 2 copies and you both sign each copy and each retain a copy for future reference (you may wish to keep this in a secure location - just in case something comes back to haunt you (more than likely the daughter!)

If the neighbour is having second thoughts (because of the daughters intrusion) you could offer a cash inducement as a thank you for the neighbour giving you possession of their piece of land, or you could save this just in case you need to enter negotiations with the daughter.

Hopefully as the neighbour has given their verbal approval they will simply countersign the letter and save both of yourselves a lot of grief and you can put the whole event down to experience.

Don't go down the formal/impersonal/solicitors route as this may only worsen the situation.

Regards

ps - make sure the daughter is not in town!
 
It`s not about who owns what NOW- it`s about what will happen in the FUTURE :idea: . I think the daughter has a fair point . it`s her inheritance that could become some " bleak house " scenario when it`s sold in Many years time .. When I sold a 2 foot strip of my last house`s garden to neighbour , we shook on the principle - BUT HE paid for solicitors / Land Registry et. al. - and gave me a few quid too ;) . Sold a year ago - all searches etc. fine + dandy . Get a solictor on to the legalities . Be a good neighbour- as I`m sure you are - to their extended family.
 
I agree with Nige.

Imagine if the owner kicks the bucket and the beneficiary (the daughter) wants a quick sale. A nightmare situation with your extension on their property.

I'd be worried. At no time should any of your building even so much as overhang their property.

You should not rely upon verbal say-so for such an important issue. Your builder was naive, but you as the homeowner are ultimately responsible and should have been more diligent.
 

DIYnot Local

Staff member

If you need to find a tradesperson to get your job done, please try our local search below, or if you are doing it yourself you can find suppliers local to you.

Select the supplier or trade you require, enter your location to begin your search.


Are you a trade or supplier? You can create your listing free at DIYnot Local

 
Back
Top