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What Happens If A Neighbour Refuses To Sign The Party Wall Agreement

Courts tend to have a bad view of the failure to serve a party wall message, and you may be called upon to pay for repairs that, in reality, cannot be your responsibility. In addition, your neighbours could take civil action against you and issue an injunction to prevent further work until a contract to strengthen the party is concluded. This will delay the project and could increase costs. In many cases, people find that they do not need the services of a party surveyor. If your neighbour responds to your message and gives written permission that work can begin, there is usually no need to name a surveyor. If your neighbour refuses to give consent or does not respond, you are considered “contentious.” Under the Party Walls Act, anyone who proposes work under the law must first serve with the indication, since the performance of such work either on a wall at a border, a border or on a common party wall, is likely to cause damage and concerns neighbouring lands. The neighbour can then issue a contraindication depending on the proposed work. Unless they can accept the work to be done (or consent), the law provides for a procedure for appointing a surveyor (or several surveyors, if the parties wish). The surveyor is then awarded a distinction that determines the work that can be done and how. The surveyor can also make compensation in case of loss or damage. If you don`t serve a party wall, you`re violating a “Duty Statutory.” If a neighbour claims that he has been harmed because of your works, they will prove that damage in his current condition. Without a condition schedule to compare the conditions before and after, it will be difficult (if not impossible) to identify the damage caused by the work.

Your neighbour may therefore decide to claim false claims in the event of existing defects. Since there is a breach of the legal duty, the court is likely to have a dark view and apply the “Reverse Burdon of Proof”. In practice, this means that the neighbor`s claims are considered correct, unless you are able to prove something else. You may therefore be ordered to pay any number of repairs that, in reality, are not your responsibility (plus legal and legal fees). If a future notice, it would be up to your neighbour to prove that the damage is due to the work, and it is always preferable to appoint a surveyor to develop an arbitration award, as he may then be asked to settle any damage disputes at a later date.