Party Wall - dispute 14 'days' ?

[frank999]

Hi,
I am in receipt of a request for 'party wall agreement' from my neighbour for a loft conversion with our shared wall.
I am going to Acknowledge as 'In Dispute' and appoint my own surveyor, I understand this must be returned in 14 days ...
1) should it posted by RM Recorded Delivery back to my neighbour
2) is the 14 day period, working days ?
3) if the acknowlegement is received by my nieghbour after 14 days - do I forgo the opportunity to appoint my own surveyor
Thanks

 

[^woody^]

LOL. Take the thing around, its only next door.

If you want to be even lazier, and save posting, don't do anything. Then its automatically a dispute

Why are you disputing it? Don't you like them?

 

[frank999]

You haven't met my neighbour, he didn't even bother to reply to not one letter when I sent him a request for a party wall agreement a few years ago.

If it automatically goes to Dispute - can I chirp up a couple of days after the 14 day period and inform them I am appointing my own Surveyor.

 

[Nakajo]

Why not read the act?

 

[^woody^]

Seems like Nakajo is your neighbour!

 

[chappers]

Yes you can, just remember the surveyor you appoint has to act for the PWA and not for you.
You wont really be gaining extra protection by using someone else.
Are you sure you're not just being bloody minded why are you so loathed to actually speak to your neighbour or at least reply within the timeframe. I'm beginning to wonder which neighbour is the PITA here.
You have already decidided you are going to put it i to dispute. Just sign the bloody thing and post it through his door.

 

[motorbiking]

being in dispute with your neighbour could impact your ability to sell your house in the future.

at the end of the day you have to live next door, so might want to take the opportunity to reset the relationship when he is in need of your help.

 

[^woody^]

No, the dispute lasts as long as it takes to instruct a surveyor. A few days.

It's not that kind of dispute.

 

[frank999]

My neighbour is one of those people you see on Neighbours from hell ... for over a decade he has abused me and his direct neighbours, Police and Council have all been involved - I can tell you a lot about the 'Environmental Protection Act 1990', and the 'Anti-Social Behaviour, Crime and Policing Act 2014' ... but in short - we don't get on.

Quite correct, being in 'Dispute' under the Party Wall Act is not the same as declaring a neighbour dispute for Noise or Anti Social Behaviour issues on a 'SPIF'.
How much it has affected the value of my property I am not sure, if I come to sell.

As I stated above when I served a Party Wall Notice on this neighbour several years ago I didn't even get a reply - to not one letter ... so at least I am engaging in the process. He cost me a lot more money than was necessary.
I am advised that using my own Surveyor protects my interests - which seems a logical approach

 

[chappers]

Whichever surveyor you use their duty is towards the PWA and to ensure that the award takes both parties interests into account.
The surveyor you appoint will obviously be looking after your interests but if you still dispute and a third surveyor is instructed then he will make the award usually with conditions. But so long as what your neighbour wants to do is legal he will get the award on his favour.
What are your concerns with regards to him doing the conversion. If its famage to your property, then the PWA doesn't give you any more protection than you already have in common law anyway.
A pre-build condition report will be written into the award, but either surveyor can do that.

 

[motorbiking]

I once visited a property I was looking to buy to rent and the neighbour had put a sign in his garden saying the position and title of the garage in the garden was disputed. buyer beware.

estate agent just looked at her feet when I read it.

 

[^woody^]

I once visited a property I was looking to buy to rent and the neighbour had put a sign in his garden saying the position and title of the garage in the garden was disputed. buyer beware.

estate agent just looked at her feet when I read it.

A "Vote Liberal Democrat" sign could have exactly the same effect.

 

[Nakajo]

And gnomes. Especially gnomes.

 

[^woody^]

Ha ha ha. Hee hee hee

 

[geraldthehamster]

And gnomes. Especially gnomes.

Hmm.