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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am an owner occupier and my neighbour a council tenant.

Resolved Question:

I am an owner occupier and my neighbour a council tenant. There is what can only be deemed as a third party wall (my deeds give no details) and they are about to cut the wall in half! It is a very old wall and although structurally sound I am sure if they go ahead the wall will fall. The wall is about 3 feet high and I have wrough iron railings running across the length of the wall. I have lived here 13 years and the tenants approx 2 years and has never been an issue before. I see from reading the third party wall act they should notify all parties first of their intentions. I have informed the council of their intentions. Should they go ahead and there is damage caused to my property i.e the wall collapes are the council liable for the damage? Thank you
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Yes

Alex Watts :

Notices need to be served and if no agreement can be reached then a surveyor must be appointed.

Alex Watts :

You should speak to the Council tomorrow morning to get the work stopped

Alex Watts :

The Council tenants must follow procedures and indeed this may be a breach of the Landlords tenancy agreement.

Alex Watts :

But notices do need to be served against any party walls that are effected

Alex Watts :

If the Council do not do anything you need to get a surveyor out asap to examine the proposed works.

Alex Watts :

For more information please see:

Alex Watts :

http://webarchive.nationalarchives.gov.uk/20120919132719/http://www.communities.gov.uk/documents/planningandbuilding/pdf/133214.pdf

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you Alex. Should the council take no action (I spoke with a Mgr today who advised someone would be out in the morning to speak with them to advise no work must take place until they have requested permission) and the tenants simply go ahead and they cause damage (bearing in mind there is a huge iron railing that may well fall!) who is liable?

Alex Watts :

You will be able to seek an injunction to stop any work.

Alex Watts :

But the tenants will be liable, not the Council

Alex Watts :

Does that help?

Customer:

yes thank you

Alex Watts :

Great.

Alex Watts :

If I could invite you to rate my answer before you leave.

Alex Watts :

If the system wont let you please do say

Alex Watts :

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