Advice re party wall again! (But very different!)

[kalidarkone]

My ma died a couple of weeks ago and is still at the coroners.

Her next door neighbours have emailed me with a party wall agreement to sign. (Great they have one)
I'm happy to do so.

However in terms of ma's estate- it is all up in the air for now. Probate can take a year.

The question is (drum roll) can I give permission whilst atm it is I do not technically own the house? Added to that my son has been left the bigger share in the estate anyway.

Who should be able to answer this question if urban can't?
Cheers x

 

[Winot]

I think you need to talk to a solicitor. You can ask the other side to pay their fee.

 

[teuchter]

Have they emailed you a "party wall agreement" or a "party wall notice"?

 

[prunus]

With the caveat that you should of course check with a solicitor for real advice - I believe the position is that the executor(s) is/are the person/people who have authority to deal with the estate, even before probate is granted (probate is just a formal recognition of the authority) so they are the people who should sign all legal documents relating to the property.

 

[Athos]

My ma died a couple of weeks ago and is still at the coroners.

Her next door neighbours have emailed me with a party wall agreement to sign. (Great they have one)
I'm happy to do so.

However in terms of ma's estate- it is all up in the air for now. Probate can take a year.

The question is (drum roll) can I give permission whilst atm it is I do not technically own the house? Added to that my son has been left the bigger share in the estate anyway.

Who should be able to answer this question if urban can't?
Cheers x

Did your mother have will? If so, who did it appoint as executors? Are they willing to do it?

If intestate, what surviving relatives does she have?

 

[Athos]

Have they emailed you a "party wall agreement" or a "party wall notice"?

This, too?

 

[kalidarkone]

Have they emailed you a "party wall agreement" or a "party wall notice"?

Notice

 

[kalidarkone]

My son and I are executors of her estate.

 

[platinumsage]

The house has an owner, it will likely be owned by a trust consisting of the executor(s) who must decide how to respond to the notice in the best interest of the beneficiaries of the estate.

 

[platinumsage]

I think you need to talk to a solicitor. You can ask the other side to pay their fee.

Absolutely no need to consult a solicitor, and the other side certainly wouldn’t pay your fee for doing so.

 

[Athos]

My son and I are executors of her estate.

Presumably not got grant of probate, yet? Are you also the only beneficiaries?

 

[kalidarkone]

Presumably not got grant of probate, yet? Are you also the only beneficiaries?

Her body is still at the coroners- so no where near aplying for probate. Waiting for her body to be released so I can register her death and begin the probate application.

Yes we are the only beneficiaries.

If I have the Jurisdiction then I'm more than happy to going ahead.

 

[platinumsage]

Just sign it and give it back if you're happy with the work.

 

[Athos]

Her body is still at the coroners- so no where near aplying for probate. Waiting for her body to be released so I can register her death and begin the probate application.

Yes we are the only beneficiaries.

If I have the Jurisdiction then I'm more than happy to going ahead.

Usual caveats - this isn't legal advice etc., just what I'd do.

But, since you intend to be the Executors (albeit not formally empowered by the GOP, yet), and there's no possibility of the beneficiaries claiming you've done something wrong, I'd proceed to deal with it.

Just sign it and give it back if you're happy with the work.

I wouldn't do this, though. I'd object and ask for an agreed surveyor to draw up a Party Wall Award, at the neighbour's expense (assuming the work is for his benefit), to protect your interests. Just in case the work causes any damage and there's a dispute about whether or not it was pre-existing.

 

[platinumsage]

Usual caveats - this isn't legal advice etc., just what I'd do.

But, since you intend to be the Executors (albeit not formally empowered by the GOP, yet), and there's no possibility of the beneficiaries claiming you've done something wrong, I'd proceed to deal with it.



I wouldn't do this, though. I'd object and ask for an agreed surveyor to draw up a Party Wall Award, at the neighbour's expense (assuming the work is for his benefit), to protect your interests. Just in case the work causes any damage and there's a dispute about whether or not it was pre-existing.

That's one option, although a Schedule of Condition can be prepared without an Award. However kalidarkone has said they are happy for the work to proceed. I guess it depends what we are talking about - e.g. an outbuilding in the garden the foundations of which which couldn't conceivably damage anything, or a new basement.

 

[teuchter]

Notice

Then it's not really an agreement as such - they are telling you they want to do the work, and you can either just say yeah go ahead, or you can decline and instigate a 'dispute' in which case party wall surveyors get involved and you have a more formal agreement about what they are going to do and how they are going to do it. Including a record of the state of your property before any work is done...although some say that is more to their benefit than yours.

--as others above have intimated, if it's just minor stuff that's unlikely to have any real effect on your property, then your neighbours' lives will be much easier if you don't dispute the Notice. To go through the whole process will be time consuming and potentially expensive for them.

 

[Athos]

Then it's not really an agreement as such - they are telling you they want to do the work, and you can either just say yeah go ahead, or you can decline and instigate a 'dispute' in which case party wall surveyors get involved and you have a more formal agreement about what they are going to do and how they are going to do it. Including a record of the state of your property before any work is done...although some say that is more to their benefit than yours.

--as others above have intimated, if it's just minor stuff that's unlikely to have any real effect on your property, then your neighbours' lives will be much easier if you don't dispute the Notice. To go through the whole process will be time consuming and potentially expensive for them.

She doesn't have to live next to them, and they were pretty crass when her mother died. Why choose not protect herself out of kindness to them?

 

[teuchter]

She doesn't have to live next to them, and they were pretty crass when her mother died. Why not protect herself out of kindness to them?

Agreeing to the work doesn't necessarily mean she is not "protected". It doesn't mean they can just go ahead and do any old thing. They still have to stick to the description of the works in the Party Wall Notice.

 

[platinumsage]

She doesn't have to live next to them, and they were pretty crass when her mother died. Why choose not protect herself out of kindness to them?

The executors might not want an ongoing Party Wall Agreement during the sale of the property. Party Wall Surveyors act for themselves in the interest of the Wall. Prospective new owners may well be scared off when told that after moving in they will have to allow access to the surveyor and otherwise comply with the Agreement.

 

[kalidarkone]

They are having a loft room and ground floor extension done. They are getting a surveyor to draw a proper agreement up.

I found a previous party wall agreement from 2015 so they like to do things properly which is more than my own neighbours

Thanks for the advice everyone that contributed.

 

[kalidarkone]

The executors might not want an ongoing Part Wall Agreement during the sale of the property. Party Wall Surveyors act for themselves in the interest of the Wall. Prospective new owners may well be scared off when told that after moving in they will have to allow access to the surveyor and otherwise comply with the Agreement.

The house is not going to be sold for a good while so that is not a concern.

 

[Idaho]

Party wall agreements are kind of bullshit really. They don't really give anyone much more protection, and if someone decides to go ahead without getting one, there isn't much you can do about it.

 

[platinumsage]

Party wall agreements are kind of bullshit really. They don't really give anyone much more protection, and if someone decides to go ahead without getting one, there isn't much you can do about it.

You can get an injunction which can see your neighbour or their builders summarily jailed for contempt of court. And if the work requires access to your property you can deny entry and/or have them arrested for aggravated trespass, criminal damage etc.

 

[kalidarkone]

Party wall agreements are kind of bullshit really. They don't really give anyone much more protection, and if someone decides to go ahead without getting one, there isn't much you can do about it.

There is if you have the money to litigate. I really wish I had regarding my actual neighbours.

However their proposed work will not affect me and I now have enough personal experience to know what to ask and to ensure that they do not put scaffolding on the back of ma's house for example.

 

[Idaho]

You can get an injunction which can see your neighbour or their builders summarily jailed for contempt of court. And if the work requires access to your property you can deny entry and/or have them arrested for aggravated trespass, criminal damage etc.

In theory. How often does it actually happen? How many times does a party wall agreement stop a nightmare situation with a neighbour's building?

 

[teuchter]

Party wall agreements are kind of bullshit really. They don't really give anyone much more protection, and if someone decides to go ahead without getting one, there isn't much you can do about it.

Yeah, the Party Wall act is quite rubbish really. The process is tortuous and in practical terms it doesn't give much power in either direction.

Additionally, if you end up having an award drawn up you are quite dependent on the surveyor doing a good job of it. It seems quite easy to end up with one where the rights of one side or the other to do something are ill-defined and un-enforcable.

I hate Party Wall stuff every time I have to get involved with it.

 

[Athos]

The executors might not want an ongoing Party Wall Agreement during the sale of the property. Party Wall Surveyors act for themselves in the interest of the Wall. Prospective new owners may well be scared off when told that after moving in they will have to allow access to the surveyor and otherwise comply with the Agreement.

Prospective purchasers are more likely to be reassured by an award, without which it'd be harder for them to prove any damage arising from the neighbour's works.

 

[Orang Utan]

What’s a party wall? It probably sounds more exciting than it actually is

 

[platinumsage]

Prospective purchasers are more likely to be reassured by an award, without which it'd be harder for them to prove any damage arising from the neighbour's works.

As I said you can have a Schedule of Condition without an award. This gives you all off the benefits without relinquishing any control.

 

[teuchter]

What’s a party wall? It probably sounds more exciting than it actually is

It's any structure that's shared by two properties. For example, the wall between two terrace houses.