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MarianC
MarianC, Solicitor
Category: Law
Satisfied Customers: 781
Experience:  Expert
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I own a semi detached house, my neighbour has built an

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I own a semi detached house, my neighbour has built an extension which needs to attach to my property. They should have issued a Party Wall Agreement to get my permission to touch my property but haven't. I have asked for this now but what are my rights if they refuse?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have requested they do not touch my property until I am satisfied that what they are doing does not hang over my property and will not damage my property now or in the future. I have put this in writing to owners and builders. I have contacted Planning at the Council, Parish Council and CAB
JA: Where is the detached house located?
Customer: Bridport Dorset
JA: Anything else you want the Lawyer to know before I connect you?
Customer: How much will this cost me?
JA: The Expert's answer will cost $10 to $100, depending on the issue type and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit.
Customer: Sorry I seem to be on a US website sorry to waste your time

Good morning

I hope you are well.

I will be happy to assist with your question today but please be advised that this is not a chat service so whilst I will endeavour to respond as soon as possible, replies may be intermittent.

Whilst this is a US based site, many of the experts, as myself, are based in the UK so can assist with your question.

Firstly, can you confirm whether you were served with a party wall notice prior to your neighbours commencing works?

Customer: replied 15 days ago.
No, I was not consulted in any way. Building work started 31st August.
Customer: replied 15 days ago.
Did you get my answer? No they didn't serve me with a Party Wall Agreement - worked started end August

Ok no problem, this may well work in your favour.

A Party Wall Notice is the first step they should have taken. If they now refuse to enter into the Party Wall Agreement and appoint surveyors, you will have rights to take them to court, especially if any damage is caused by the works they have undertaken. The court will look unfavourably at them for not following the correct procedures.

Customer: replied 15 days ago.
Thank you. I have told them they cannot touch my property until I get the PWA and can approve it. This will stop them finishing the work. Just one final question if they do finish it without a PWA and written permission, would I have a good case to file for damage, trespass etc?

No problem at all.

Yes, if they continue without your permission and without consulting a surveyor for PWA purposes, you would have a very good case.

Is there anything else I can help with?

Customer: replied 15 days ago.
No thank you that is helpful

No problem at all.

If you do require further assistance, please do not hesitate to contact me.

MarianC and other Law Specialists are ready to help you