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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I have a party wall agreement with my neighbour as we are

Customer Question

i have a party wall agreement with my neighbour as we are having an extension but they have now just sold their house subject to contract. will the award pass to the new owners or will i have to pay for a new one?
Submitted: 4 months ago.
Category: Law
Expert:  Alex J. replied 4 months ago.

Thank you for your question and welcome. My name is ***** ***** I will assist you. Have you started the works? Or have you paid any compensation to the Neighbour? Kind regards AJ

Customer: replied 4 months ago.
no to both
Customer: replied 4 months ago.
no we have not started yet and they are quite friendly but they wanted an award so as to keep prospective owners happy.
Expert:  Alex J. replied 4 months ago.

Thank you. ***** could be binding but you would have to ensure there is an agreed apportionment of the compensation, also the works will have to be started in the time period notified in the agreement. If they sell they will have to disclose the agreement to the buyers, so you could ask the buyers to provide written confirmation that they accept the terms of the agreement to give you comfort. Is compensation payable under the agreement?

Customer: replied 4 months ago.
it says to compensate any ajoining owner for any loss or damage which may result from any work executed in pursuance of this act .
Expert:  Alex J. replied 4 months ago.
Thank you.So you will only end up compensating the party in occupation when the work is done. This would be you would have to do under the party Wall Act anyway. Have you approached the sellers and asked if their buyer is aware of the situation and ask whether compensation can be deferred or apportioned to the new owner. Kind regards AJ