Party Wall Conundrum, Legal assistance req
Party Wall Conundrum, Legal assistance req
Author
Discussion

hughesie2

Original Poster:

12,788 posts

311 months

Thursday 17th March 2005
quotequote all
Cant get hold of our Solicitor at the moment so i turn to the PH massive.

We've sold our house, had the survey done and our neighbours have thrown what i think to be a spanner in the works, we are mid terrace and they want to go up into the Attic, under the Party wall agreement we have to decide whether to go with there Survey, or they will pay for another surveyor of our choice...

Or we could go into dispute...

I'm quite happy to use their surveyor but what happens if something goes wrong, all the works begin as the new owner begins occupation, but is happy for the work to go ahead...


HELP, what do i do ??

rude-boy

22,227 posts

262 months

Thursday 17th March 2005
quotequote all
Try here:-

www.legislation.hmso.gov.uk/acts/acts1996/1996040.htm

And here:-

www.odpm.gov.uk/stellent/groups/odpm_buildreg/documents/page/odpm_breg_600574.hcsp

The second one is most likely to give you the 'non legal mobojumbo' answer.

pdV6

16,442 posts

290 months

Thursday 17th March 2005
quotequote all
Can't really see the problem... New owners are happy, you presumably don't really care, neighbours will pay for a 2nd survey if you want them to.

Unless there's something I've completely missed.

Try to avoid going into dispute as this really can stuff up a sale!

hughesie2

Original Poster:

12,788 posts

311 months

Thursday 17th March 2005
quotequote all
pdV6 said:
Can't really see the problem... New owners are happy, you presumably don't really care, neighbours will pay for a 2nd survey if you want them to.

Unless there's something I've completely missed.

Try to avoid going into dispute as this really can stuff up a sale!


Only problem i can see is if after we move the steel works between the property causes problems with the party wall !!

rude-boy

22,227 posts

262 months

Thursday 17th March 2005
quotequote all
Should have said same as pdv6 about disputes.

Would also make sure sol knows about this and get him to ask the buyers sols to pass the info on to their clients so they can say what they want to do. By the time it all happens you should be long gone and it'll be their 'problem,' so long as they don't throw the dummy out.

pdV6

16,442 posts

290 months

Thursday 17th March 2005
quotequote all
Surely that's between the new owners and your current neighbours? As long as they're aware of the works I'd say it was up to their solicitor/conveynacer to obtain guarrantees from your neighbours. S'not your idea to put a loft ext in next door after all!

hughesie2

Original Poster:

12,788 posts

311 months

Thursday 17th March 2005
quotequote all
Thx Guys, the links are a great Help !!