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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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neighbour has knocked down the party wall but told us they

Resolved Question:

neighbour has knocked down the party wall but told us they were not going to touch it so they did not need party wall act. how quick can I get injuction
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.

Alex Watts :

If they were not going to touch it or come within a certain distance then no there would be no need for a party wall agreement.

Alex Watts :

But if this is a party wall then you need to get an injunction asap

Alex Watts :

You can get this same day, it tomorrow.

Alex Watts :

You need to complete forms N1:

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016aeng.pdf

Alex Watts :

You are asking a Court for an Order that they stop all works and then comply with the requirements of the Party Wall Act

Alex Watts :

They don't need to serve notice if you consent as there would be no point, but clearly in this case you do not consent.

Alex Watts :

So you could fill out the forms call your local County Court and get an emergency appointment with a Judge.

Alex Watts :

The application for injunction needs to be served, if granted, in person against the neighbour for it to be valid

Alex Watts :

If they breach the interim injunction then this is contempt of Court which they can be fined, warned, or sent to prison

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

just reading

Alex Watts :

Sure

Customer:

I spoke to the neighbour who started writing the part wall act .. The builder then said they were not going to touch the wall. Their architect was nasty with me and told me they do not need party wall act as they are building internally and the wall will not be touched. I have only found out 40 mins ago that they have knocked down the wall. i have to apply to my local court in the morning or should I contact a friend who owns a large surveying/architect company and get him to sort this .. Can he do this or do I need to do it myself

Alex Watts :

You can do this yourself if you wish.

Alex Watts :

But if you have a friend who is has a surveying company that will help

Alex Watts :

You need photos to show what is where and been demolished.

Alex Watts :

But you can do this tomorrow morning but you must prepare the Court documents beforehand.

Alex Watts :

Can I clarify anything else for you?

Customer:

yes but who will be liable for all costs

Alex Watts :

They would be if you get the injunction

Alex Watts :

Does that help?

Customer:

including the injuction

Alex Watts :

Yes

Customer:

thank you you have been a great help

Alex Watts :

Happy to help.

Alex Watts :

If this answers your question might I invite you to rate my answer today

Alex Watts :

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Customer:

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