Raising an Injunction (Stopping Next Doors Property Ext'n)

[dogz]

Hi,

Following on from the following post in Home, Gardens and DIY:

https://www.pistonheads.com/gassing/topic.asp?t=17...

My parent’s next door neighbour's have started an extension which should be covered under the Party Wall Act but no notices have been served. It appears that piling might be required which might have a detrimental impact on their property. When my parents have spoken to next door then are challenging that the Party Wall Act applies even though 2 separate Party Wall surveyors have intimated to me that it definitely does

Mine / my parents concern is that works start which could have a detrimental effect on their foundations – obviously these need to be stopped until a surveyor can agree what the best course of action is to maintain the integrity of my parent’s house. I want to plan for the worst case scenario, which might never happen, so my questions are:

1. How quickly can an injunction be raised to stop their development;
2. What are the likely costs involved;
3. Can reasonable costs in raising the injunction be claimed from next door given they haven’t followed the Party Wall Act; and
4. What information will need to be supplied to get the injunction raised

Thanks for any help on this

[dogz]

paintman said:

What specialist legal advice have your parents taken in regard to this matter and what action has been taken/recommended as a result?

Spoken to Party Wall surveyors who have suggest they try to get the neighbour to follow the Party Wall Act - this is what they are trying to do. Surveyor has said that if they fail to follow Act and start to carry out work, then injunction is typically the only action to get them to stop and follow the correct Part Wall Act procedure

I'm trying to understand what the worst case scenario might be, so no legal advice has been sought at this point as they may follow the Act but I would guess it 50/50 at the moment based on conversations

[dogz]

Fish said:

All the Party wall act does is protect the developer from a poorer position. The developer is liable to the same extent irrespective of following the party wall act.

The survey before is essentially a de laps survey then there is another after the works to ensure any damage etc is identified..

The Party wall act just formalises the act of determining any damage form the works.

It actually protects the developer from false claims about damage..

I don’t believe this is correct

The party wall act ensures surveyors are appointed to minimise potential damage to a property through ensuring works are carried out using the optimum methodology to minimise damage. It’s not a case of the contractor does what they want to get the job done. The surveyors agree how the job should be completed. Eg a raft rather than piling which may be more expensive but that’s the way it goes.

I also believe liability lies with the neighbour in this case if things go wrong where as if the party wall act is followed it’s with the surveyor. I’m not 100% on this but it’s my interpretation

[dogz]

Lurking Lawyer said:

If it's sufficiently urgent, an injunction can be sought initially on what's known as a without notice basis (i.e. without the defendant present) but your parents will have to show that there's an immediate urgency e.g. work about to commence imminently with a real risk of damage to their property if it isn't restrained. An on notice application - which in itself can in principle be done on reasonably short notice, of a few days - would be the norm.

Cost to obtain an interim injunction? Several thousand pounds - how many depends on how much evidence is required in support. Budget for not only solicitors' costs but also a barrister to make the application to the judge.

Who bears those costs? Whoever ultimately "wins" the litigation - costs almost always follow the event. An interim injunction is just that - an interim remedy pending the substantive hearing of the claim, which may well be months down the line. A costs order is only ever as good as the ability of the paying party to meet it - although if the neighbours own their own property, there's always the possibility of securing it by way of charging order.

Your parents need to urgently seek advice. A solicitor's letter threatening an injunction unless voluntary undertakings are given as a matter of urgency may do the job, if the neighbours see that they're serious.

Get them to check their home contents insurance to see whether it includes legal expenses insurance.

Thanks for this

Things are still at the amicable stage so I don’t think my parents want to involve solicitors at this juncture but I wanted to understand if things turn sour or contractors turn up tomorrow what their next move needs to be.

It sounds like an injunction is the next step and can be raised quickly.

I will ask them to check their home insurance for legal cover.

Thanks for the advice - appreciated.