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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We had new neighbours a couple of years back move into the

Customer Question

We had new neighbours a couple of years back move into the house next door (not attached but our houses are only a meter apart), when they moved in they called us on to their property and asked us if we would mind not taking out a party wall agreement when they did their ground floor extension to save them money but they'd put right any damage should it arise. We agreed to this on the basis that the same terms applied for when we wanted to start ours in a couple of years. We all agreed that this was a good agreement between all parties. They did their extension and we kept to our side of the deal, now we're about to start ours they've asked for a party wall agreement or they'll take out an injunction to stop works. We have written to them and signed a letter saying we will pay for any damage should in the unlikely event it occurs. We can prove we never took out a party wall for them. Does this verbal agreement stand by law if they took us to court?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and 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 :

Sadly the law requires a party wall agreement.

Alex Watts :

The only reason this needs NOT be done is by consent.

Alex Watts :

Therefore if they do not consent you need to send a party wall agreement and then subsequent surveyors

Alex Watts :

But if you do not they can get an injunction to stop you.

Alex Watts :

The only way you do not need an agreement is if they consent

Alex Watts :

Clearly they do not and this means you need to go through the process

Alex Watts :

The fact you did not require one when THEY did the works previously does not matter. You consent not to having one then

Alex Watts :

But for the new works you must have one

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-hsa69gcy- : So does a verbal agreement not stand up in law?
Alex Watts : Yes but you have to prove it and the law requires you to give consent. They do not so you and they have to comply with the party wall act.
Alex Watts : I am sorry,
Alex Watts : Does that clarify!
Alex Watts : I am sorry it's not the answer you want,
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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