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Neighbourly Matters

Boundary disputes

A minor disagreement can quickly become a full-scale dispute involving solicitors’ letters and threats of court action. Even more damaging are the costs involved which can rapidly escalate. So it pays to think hard before rushing into legal action.

We will look at the problem, prepare any technical data that may help solve the dispute at an early stage. If necessary we can provide the court with the appropriate advice and information needed to make a judgement. We can also advise on alternative dispute resolution procedures, which would avoid the need to go to court.In our experience, communication and dialogue with the neighbour at an early stage is vital in reaching the most cost effective solution to the problem. Solicitors' letters and threats of litigation at an early stage do little other than enflaming a situation that could be solved amicably without recourse to costly legal action.

Party wall

The Party Wall Etc. Act 1996 was introduced to govern disputes between property owners where work must be carried out which affects a party wall or involves excavating close to a neighbouring building.

A party wall is a wall shared by two properties, such as the wall which divides with a pair of semi-detached houses or properties in a terrace. Before any work which falls within the scope of the Act can be undertaken a notice must be served on any affected adjoining owners and their written consent obtained. Should they not wish to give their consent they must appoint a surveyor who will work with the building owner’s appointed surveyor by planning the works to agree an ‘Award’. Work which is typically covered by the Party Wall Etc. Act 1996 and includes:

• Extensions – both loft conversions and ground based.
• Damp proofing works
• Structural alterations

The Adjoining OwnerThe first point at which you become aware of your neighbour’s plans may be when a formal written notice from their representative drops through your door. When you receive such a notice you should seek advice before signing an acknowledgement form and waiving your legal rights. The notice should offer you the opportunity to appoint a surveyor to limit the risk of any problems occurring – your surveyor’s duties will include preparing a record of the condition of your property prior to the work starting and checking it upon completion. These records will be essential if a defect comes to light which may be attributable to the party wall work. The building owner must pay the reasonable costs of your surveyor. The Building Owner

If you are planning work which comes within the scope of the Act you must notify any affected adjoining owners. This should be in the form of a written notice and is generally served two months’ prior to commencement of the work - or one month in the case of excavation works. The notice gives adjoining owners the right to appoint a surveyor of their choice to help safeguard their property against damage. You must bear the reasonable costs of both yours and your neighbours’ surveyors. The surveyors will prepare a document setting out the rights and responsibilities of the respective owners called a Party Wall Award - this is a legally binding document. As well as a schedule of the adjoining property it will contain details of the planned works and guidelines on other matters such as permissible working hours and protective measures required. The two parties may agree to use a single independent surveyor. If you would like to further information on any Party Wall matters do not hesitate to contact us. If you wish to view a full copy of The Party Wall Etc.Act 1996 please click here.