Party Walls and Party Wall Disputes
A party wall is a shared wall or structure that separates two or more properties. It can be found in different types of properties, such as semi-detached homes, townhouses, and commercial buildings with adjoining walls.
What is a Party Wall Agreement?
A party wall agreement is a legal document that is created between two or more property owners to outline their rights and responsibilities with regards to a party wall. This agreement is legally binding and helps to prevent any potential disputes that may arise in the future.
Why are Party Walls Important?
Party walls are important because they provide support and stability to adjoining properties. Without a properly constructed party wall, there is a risk of structural damage or collapse. As a result, party walls are regulated by the government to ensure that they are built and maintained according to specific standards.
Furthermore, party walls also serve as a boundary line between properties. This is particularly important in cases where there is a disagreement over property lines or when one property owner wants to make changes to their side of the party wall.
Party Wall Disputes
Despite the benefits of having a party wall, disputes can still arise between property owners. These disputes usually occur when one property owner wants to make changes or repairs to the party wall without consulting the other owner(s).
Some common party wall disputes include:
- No party wall agreement in place
- Party wall notice not served
- Unfair costs for repairs or construction
- Damages caused to the party wall during construction or repairs
- No access granted to the adjoining property for necessary construction or repairs
Resolving Party Wall Disputes
The first step in resolving a party wall dispute is to try and reach an agreement with the other property owner(s) through open communication and negotiation. This can help avoid costly legal proceedings and maintain a good relationship with your neighbour.
If an agreement cannot be reached, the next step is to seek the advice of a party wall surveyor. A party wall surveyor is a professional who specializes in party wall matters and can provide an objective assessment of the situation. They will also help to ensure that all parties involved are following the proper procedures and guidelines set out by the government.
In cases where both parties cannot agree on a surveyor, each party can appoint their own surveyor who will then work together to resolve the dispute. This is known as a âsurveyor to the two ownersâ scenario. Alternatively, a third surveyor can be appointed by the two appointed surveyors, who will then make an impartial decision on the dispute.
Legal Action
If all other options have been exhausted and the dispute remains unresolved, legal action may be necessary. This can be a lengthy and costly process, which is why it is important to try and resolve the dispute through alternative methods first.
Legal action can be taken to enforce a party wall agreement, request compensation for damages to the party wall, or to prevent any work from proceeding without proper procedures and agreements in place.
Conclusion
In conclusion, party walls are an important aspect of owning a property and must be properly maintained and regulated to avoid any disputes. It is crucial for property owners to understand their rights and responsibilities when it comes to party walls, and to communicate openly with their neighbours to prevent any potential conflicts.
In the event that a party wall dispute does arise, it is important to try and resolve it through open communication and negotiation first. If that fails, seeking the advice of a party wall surveyor can help reach a fair resolution. Legal action should only be taken as a last resort.