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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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I am planning a basement excavation. I have a garage less than

Customer Question

I am planning a basement excavation. I have a garage less than 3 metres away owned by party a, whom I sent a party wall agreement assent form . He has decided to into conflict. Yet previously he built the new garage and informed me a party wall agreement was not required. I accepted his advice as he is a lawyer. So he now wants a party wall agreement for a property he did not obtain the required party wall agreements what can I do ?
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.
Hello. I'm afraid there's nothing you can do. Just because he should have gone down the Party Wall Act route but didn't, doesn't mean you can ignore the rules either, especailly as the neighbour knows about your plans - he could get an injunction to stop the works and force compliance. I'm afraid there is no route to go back and rectify his mistake if he also should have followed the Act with regard to his garage. Sorry, this won't be the news you wanted! Best, WB