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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My neighbour sought my consent (in writing) to building works

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My neighbour sought my consent (in writing) to building works on the party wall. In view of previous problemswith simelar works carried out resulting in damage to my house, I did not consent and requested that an independant and agreed surveyor was appointed to draw up a PWA award. However, the neighbour has just informed me that the work will be completed without my consent even though this is illegal. It appears that most of the work has been done and it is just a matter of finishing it off - so an injunction is not feasible. Is there anything I can do to make sure that any damage caused either now or in the future will be repaierd and paid for by the building owner? Thank you. Jackie.

I am afraid as the work has already been more or less done, you may only make a claim against your neighbour in the event of actual damage to your property, so if there is no damage, there is no claim.

If there is damage, there is a claim.

You may assert that your neighbour has caused damage to your property, it is up to your neighbour to prove that no damage has been caused. This is the reverse burden of proof as your neighbour breached the Party Wall Act as held in the case of Roadrunner Properties Limited v John Dean.

Hope this helps

Hope this helps
Customer: replied 4 years ago.

Thank you for confirming my fear. The building control people have just told me that the work has not in fact finished and so it may still be possible to act. The building owner intends to sell the house as soon as the work is finished. Who would be liable for the damage in that case if the damage to my property is not indentfied until after the sale? Would the new owner be liable? In any event, could you please confirm that this is the type of neighbour dispute that has to be declared to possible purchasers?

No, the new owner would not be liable.

However, your neighbour would need to declare any neighbour dispute to potential purchasers and this may affect her from selling the property or it may affect her asking price.

I would suggest that you send a letter to your neighbour outlining the fact that she is in breach of the Party Wall Act and that you are taking legal advice.

Hope this helps
Customer: replied 4 years ago.

For the attention of UKSolicitorJA only:

Thank you again and I have done what you advise. Would it be a reasonable thing for me to ask a solicitor to write to my neighbour to set out her responsibility and liability for any damage incurred. She does not live at the house next door, has refused to give a home address but has given me her card with business address ( she is a GP) - so a letter would reach her. Thank you again, Jackie

Yes, that would be a reasonable thing to do so that your neighbour is formally aware of the legal issues she has caused.

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