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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3651
Experience:  Two years conveyancing experience.
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My neighbor is selling and has informed me that the buyers

Resolved Question:

My neighbor is selling and has informed me that the buyers will be asking me for a Party Wall Agreement to build a 2 stores side extension. I in return have emailed the Estate Agent informing him that I will not be signing a Party Wall Agreement and listed my reasons why. I have asked the agent to pass this information on to the buyer as I felt it was fair for them to know before the property purchase. Is he under obligation to do this?
Submitted: 2 years ago.
Category: Property Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
The estate agent is under an obligation to follow the sellers instructions. If the seller does not wish to disclose this, then the seller does that at their own risk. If they were requisitioned on it and the buyer finds out you gave notice of your objection in advance then they could potentially sue the seller.
Conversely if you try to hard to interfere in their sale then you could potentially be sued under an economic tort - this would probably amount to their wasted sales costs - this is unlikely though.
Even if you do not agree a party wall agreement - the neighbour can still serve you with a party wall notice - they may then have to rely on the Party Wall Act and seek a party wall award. If there is a party wall you wont be able to prevent your neighbours doing work to it, otherwise they would never be able to maintain it. You can object to their plans and try and moderate them. This is why you should consider a party wall agreement with them - you may be able to get them to pay for some maintenance to your building - they should also pay all your costs associated with it.
Kind regards
AJ
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