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

[Orang Utan]

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

Ah right, the one you can hear next door’s party through then?

 

[platinumsage]

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?

All the time I suspect, it's the rare occasions when agreements aren't adhered to that things become problematic.

 

[Athos]

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

It's grief compiling and agreeing it, and you have to know what to look for. Better a pro does it at no cost to her. There is no loss of control.

 

[platinumsage]

It's grief compiling and agreeing it, and you have to know what to look for. Better a pro does it at no cost to her. There is no loss of control.

Yes, party wall surveyors will prepare a Schedule of Condition on it's own account without being involved with agreements or notices. I should imagine the adjoining owner would be happy to pay £250 for a schedule rather than £1000+ for an agreement.

 

[Athos]

Yes, party wall surveyors will prepare a Schedule of Condition on it's own account without being involved with agreements or notices. I should imagine the adjoining owner would be happy to pay £250 for a schedule rather than £1000+ for an agreement.

Who cares what he'd prefer? Go for the maximum protection.

 

[platinumsage]

Who cares what he'd prefer? Go for the maximum protection.

An Agreement is not "maximum protection" in any sense of the term, and it also puts obligations on the adjoining owner (and which neither owners would have a say in - for example if the surveyor deems certain access conditions to neighbouring land are appropriate, that's what both parties will have to comply with). A Schedule of Condition on it's own would not create such obligations, and all existing rights would be retained.

 

[teuchter]

Who cares what he'd prefer?

Aggravating the neighbour is seldom a good way to increase the chances of things going smoothly.

 

[Puddy_Tat]

Aggravating the neighbour is seldom a good way to increase the chances of things going smoothly.

also if you're thinking of selling a place, you're supposed to tell potential buyers of any past / recent disputes with neighbours - this ends up in writing as part of the contract

so maybe best to avoid in a place you're intending to sell at some point in the near-ish future

 

[Athos]

Aggravating the neighbour is seldom a good way to increase the chances of things going smoothly.

She doesn't (and won't) live next to him. And why would it aggravate him; it's standard practice, something he must have anticipated, and will be a tiny fraction of the cost of the work he's planning.

 

[Athos]

also if you're thinking of selling a place, you're supposed to tell potential buyers of any past / recent disputes with neighbours - this ends up in writing as part of the contract

so maybe best to avoid in a place you're intending to sell at some point in the near-ish future

A Party Wall Award isn;t a dispute.

 

[Athos]

An Agreement is not "maximum protection" in any sense of the term, and it also puts obligations on the adjoining owner (and which neither owners would have a say in - for example if the surveyor deems certain access conditions to neighbouring land are appropriate, that's what both parties will have to comply with). A Schedule of Condition on it's own would not create such obligations, and all existing rights would be retained.

It's the maximum protection on offer in the situation in which she finds herself - moreso than a schedule But we can agree to disagree. Especially since they've gone down the award route, now.

 

[teuchter]

A Party Wall Award isn;t a dispute.

I think that if you don't give consent to the Notice, then it's deemed to be in "dispute" and it's that process that leads to an Award, isn't it?

 

[Athos]

I think that if you don't give consent to the Notice, then it's deemed to be in "dispute" and it's that process that leads to an Award, isn't it?

Technically, but that's not what they're asking about in conveyancing; they're interested in e.g. noise complaints or arguments about parking or where a boundary is. Nobody pulls out of a house purchase because there's been a party wall award.