How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Judge Your Own Question
Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32979
Experience:  Over 25 years experience in law
27487359
Type Your Law Question Here...
Thomas Judge is online now

We have not served a party wall notice to our neighbours

Resolved Question:

Hi
We have not served a party wall notice to our neighbours
We have completed the ground work
We are waiting for the oak to be erected on the new walls in our garden
We were told to stop by solicitors letter which we did we have been in negotiations with next doors surveyor and achictect to continue
There want us to open up our new wall to view how it has been constructed we have removed one block to expose the infill between the caverty bur can not go deeper as they ask because of the damp membrane that runs from the top of the wall and underneath the flood slab my question is
With out an injunction in place and with us trying to cooperate can we continue
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
I would be minded not to continue in light of the solicitors letter until you resolve matters with both the neighbour and the architect. If you do continue with the work under these circumstances then they will it would appear immediately apply for an injunction and seek costs against you. THe costs could easily be within the low thousands. I hope that this helps - please rate positive.
Customer: replied 1 year ago.
The notice to stop was issued after we had completed the ground works
I understand there is no retrospect notice to be issued
I should have said that there is no damage to the party wall as agreed by all concern
We have been waiting for ten weeks now
Expert:  Thomas Judge replied 1 year ago.
Any particular reason it is now taking so long?
Customer: replied 1 year ago.
Mainly because they had not seen the building regs plans which showed the tanking membrain they assumed the damp course was a ground level by looking at plans submitted for planning
Expert:  Thomas Judge replied 1 year ago.
I see. I would be minded to drop a letter around to their house and ask for a meeting to resolve matters so that this can be finalised. Please rate positive.
Thomas Judge and other Law Specialists are ready to help you