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PARTY WALL ACT EXPLAINED | When and how to Serve a Party Wall Notice | BlackBeltBarrister

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BlackBeltBarrister

BlackBeltBarrister

3 жыл бұрын

Many of you have asked for the Party Wall Act to be explained and broken down into simple terms. If you plan to build on or have work done to your property on the boundary of your property, you may need to serve a Party Wall Act Notice under the 1996 Act.
A Party Wall Notice will give your neighbour time to consider the works and whether anything else needs to be done, or whether they object. If there is an agreement this will be a "Party Wall Agreement" and works can continue. If not, a surveyor or surveyors will be appointed to agree an "Award" - i.e. a resolution as to how the works should be done.
Mr & Mrs #Casey have plans for their kitchen and garden wall down in Lawchester! Let's see what they have to consider!
The Party Wall Act is not designed to prevent work from being carried out but to give fair notice, the opportunity to object, and to have a say in "how and when" the works are carried out.
As always make sure you seek formal legal advice and this video is for guidance only!
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Пікірлер: 154
@BlackBeltBarrister
@BlackBeltBarrister 3 жыл бұрын
RESOURCES and REFERENCES: amzn.to/3dVWBQ8 (free Kindle version available) amzn.to/3aGITOM (Affiliate links) www.gov.uk/party-walls-building-works/work-tell-your-neighbour-about Contains public sector information licensed under the Open Government Licence v3.0. Source: www.gov.uk/government/publications/the-party-wall-etc-act-1996-revised-explanatory-booklet BE PART OF OUR LAW COMMUNITY HERE: patreon.com/blackbeltbarrister instagram.com/blackbeltbarrister/ facebook.com/groups/blackbeltbarrister www.tiktok.com/@blackbeltbarrister
@Arcticnick
@Arcticnick 3 жыл бұрын
My Dad gave his telescope to Southampton University. I like yours. It looks more sophisticated.
@Arcticnick
@Arcticnick 3 жыл бұрын
Unless it's actually a mortar.
@danchubb1068
@danchubb1068 3 жыл бұрын
Brilliant as always once again another good reason to always get on with your neighbours, If or when you’re planning to make alterations /build makes life so much easier.
@BlackBeltBarrister
@BlackBeltBarrister 3 жыл бұрын
Absolutely! 👍
@philipdart1611
@philipdart1611 3 жыл бұрын
This is all very well but having witnessed these matters first hand, the advice should be if your neighbour is planning this sort of works they should pay for a party wall surveyor ,as they are suppose to according to building and plaining control but if they don.t I would strongly suggest you pay for one yourself. The council plaining and building control departments will not get involved. And your house hold insurance will not be of much use. A change of roof materials is also subject to the party wall, as there will be a potential weakness were the different materials meet. It is all very well increasing permitted development by local government but as part of the plaining consent a party wall saviour should be made a mandatory act in order to grant the relevant planning consent.
@chrissayers7076
@chrissayers7076 3 жыл бұрын
My parents neighbours, I'll call them Mr and Mrs Smith, were building an extension, my father requested that the new extensions wall should be a party wall, as he had planned to build an extension himself however that was going to be many years in the future. Mr and Mrs Smith realised that this was sensible as they would gain an additional 6in of internal space, equally my parents gained a similar amount. It was a win win really, great advice, thank you.
@TanjoGalbi
@TanjoGalbi 3 жыл бұрын
When my parents had the back of their semi detached house extended out it meant extending the party wall. There was no problem though because our neighbour was also the contractor doing the extension work! 🤣
@beeble2003
@beeble2003 2 жыл бұрын
Wll, then he should have filed an objection demanding that more work be carried out! 🤣
@tomaszsikorski7800
@tomaszsikorski7800 2 жыл бұрын
Party wall basics are explained here in a straightforward and conscious language. Thank you BlackBeltBarrister!
@Dixy3
@Dixy3 2 жыл бұрын
Daniel, thank you for sharing this information and advice, we had missed this important video and information.
@paulevans9307
@paulevans9307 3 жыл бұрын
Our dividing fence with our neighbour has always been dodgy - previous owner owned both houses with an open garden, and quickly erected something when selling. Neighbours are happy to do DIY, and got a dog so we're talking about putting up a new fence. We went out one day (with lawful excuse) and came back to find a new fence! No notice given, just a very welcome surprise.
@debs3366
@debs3366 2 жыл бұрын
Once again brilliant thank you for all of your time to help people god bless you ❤️
@stevemcilroy9518
@stevemcilroy9518 3 жыл бұрын
Good information. The reason why I bought a detached property.
@Liberty_Freedom_Brotherhood
@Liberty_Freedom_Brotherhood 2 жыл бұрын
Does it not have any garden walls or fences?
@tonystrange7224
@tonystrange7224 3 жыл бұрын
😃 Can't believe my Lawchester suggestion won. Anyway another great video explaining a very complex area of Law. You could have Mr & Mrs Judge, Mr Barrister (Barista) who owns a cafe 😉 Or how about Me & Mrs Clerk. Oh and am I the only one totally envious of your pain cave. That is a great home Gym.
@BlackBeltBarrister
@BlackBeltBarrister 3 жыл бұрын
Yes it was unbelievably popular! Ooh, you’re good! Some more great names! Glad you like my gym! Maybe you’d like my other Channel: #BlackBeltSecrets 😉
@tonystrange7224
@tonystrange7224 3 жыл бұрын
@@BlackBeltBarrister Ok, I’ve subscribed 😀👍Here are some more suggestions for names(yes I’m bored today) Mr Alibi, Mr & Mrs Bail or Mrs Tort
@BlackBeltBarrister
@BlackBeltBarrister 3 жыл бұрын
@@tonystrange7224 These are fantastic! Keep them coming and welcome onboard!
@mattbrown4833
@mattbrown4833 3 жыл бұрын
I have a neighbour who massively misunderstood the law on this matter. He was once told something to the effect of that reasonable requests for access with sufficient notice generally won’t be refused or delayed for too long, he took this to mean he had a general right of access to my garden and we’d find him wandering about the place.
@BlackBeltBarrister
@BlackBeltBarrister 3 жыл бұрын
It is commonly misunderstood!
@catinthehat906
@catinthehat906 2 жыл бұрын
Our lovely neighbour bought the detatched property next door (a deceased estate) 6 years ago. He never introduced himself, the first thing we knew was on Good Friday at 8am two guys turned up with a digger and started exposing the foundations of our garage to excavate his swimming pool and removing a substantial portion of the hedge between our two properties. No notice given. I was horrified and very worried our garage wall might collapse. I suspect he arranged it for a long weekend, knowing the excavation would be complete before we could obtain legal advice. His most recent trick while building his new loft extension was to demand access to put scaffolding on a strip of our land that contained our gas main that was supported by a retaining wall. Our house insurers advised that if we gave permission our insurance would not cover it and to decline, which we did. He claimed he would take us to court under the Access to Neighbouring Land Act 1992, but our house insurers legal team advised that as the work was not required for preservation, the court would be unlikely to grant this. He then sent the scaffolders around to put it on our land anyway and we had a two hour standoff to prevent this, eventually they erected the scaffolding within his boundary.
@Aegis82
@Aegis82 2 жыл бұрын
I love the background stuff in your videos (the actual content is also good, I hasten to add)
@kurtsteiner8384
@kurtsteiner8384 2 жыл бұрын
Good points however you forgot to mention that you need to apoint an independant buildins surveyor. Ýou need to of them to oversee the works. The party doing the work pays for both teams of surveyors. This is to make sure the work is carried out properly. Hope it helps.
@Bart-Did-it
@Bart-Did-it Жыл бұрын
As a builder I really enjoyed this video thank you
@marchingontogether2571
@marchingontogether2571 2 жыл бұрын
mr blackbeltbarrister , i can tell you that in the real world that the neighbour can just say stuff next door , hire a cowboy builder , do the damage and get away with it , because you have to prove the damage was caused by the builder , which is nigh on impossible in retrospect
@johnmetcalf6541
@johnmetcalf6541 3 жыл бұрын
Good information, enjoyed listening to this, Its worth also mentioning about serving notice if excavating within 6m and 45 degrees down fron their boundary such as piling would also fall under the act or a 1m deep footing at 0.8m away from a neighbour
@gordonlawrence1448
@gordonlawrence1448 3 жыл бұрын
This reminds me of a sketch years ago that was a spoof court case. It had such lines as: "The party of the first part was not party to the party of the party of the second part.". I think the "Judge" was Grif Rhys Jones. The language was more and more convoluted as the "barristers" used the word "party" more and more in each sentence trying to "one up" each other. Might have been "Alas Smith and Jones" but I'm not sure.
@todddavidsonp2pcoaching
@todddavidsonp2pcoaching 9 ай бұрын
Incredibly helpful video. Side note, love the gym set up, I'd be intrigued as to the legal/practical steps you had to take to rubberstamp that the rings could suitably load bear without risk of structural damage? I aspire to one day have a home gym Here are some timestamps (2:11) Scenarios where you need to tell your neighbour (3:10) Do I Need to Inform Prospective owners? (4:50) What constitutes an "owner"? (8:12) Consent vs Consent Under the Act (8:30) What details are required in your notice? (8:55) What happens after you serve the notice? (9:19) Where can I find examples of notices?
@bobfisheruk
@bobfisheruk 3 жыл бұрын
Odd one for you, We have a wall on our land at the back of our Bungalow, the neighbour who's bungalow is semi attached has had a Conservatory roof fitted that is supported to the wall on our property,. So we now have his roof over our property and his gutter. When we had a Conservatory erected we had to have it attached to the wall and not supported on it, conservatoryit was his wall.
@misshgold
@misshgold 3 жыл бұрын
Brilliant as always.
@BlackBeltBarrister
@BlackBeltBarrister 3 жыл бұрын
Thank you! 🙏
@stevehendon4076
@stevehendon4076 3 жыл бұрын
Next subject....'flying freehold' 😊😊
@carlrobson5745
@carlrobson5745 2 жыл бұрын
Loving this chanel with all the legal refrences.
@loc4725
@loc4725 3 жыл бұрын
Thanks, this is something I'm going to look into as I might (one day!) get the loft converted, and this will inevitably involve a shared wall.
@PeterGaunt
@PeterGaunt 2 жыл бұрын
Thanks. You mention how the Party Wall Act applies to blocks of flats up and down and, I assume, side to side, ie it's 3D. When you get the chance could you perhaps do a video about how this works in flats?
@simonwaterhouse7323
@simonwaterhouse7323 Жыл бұрын
Thankyou great exlination
@patrickobrien5367
@patrickobrien5367 3 жыл бұрын
Good morning great video thanks 😊
@BlackBeltBarrister
@BlackBeltBarrister 3 жыл бұрын
Thank you for watching!
@Saxtoo
@Saxtoo 4 ай бұрын
My new neighbour purchased the adjacent property, we showed each other our deed plans only to discover no red T's between our borderline. We have no wall, only a 3ft wire fence. Neighbour then says he is going to add a 4ft wooden picket fence but 6" into his land. Next day a 5'9" solid fence goes up. Neighbour lied to me about his intention.
@NicholasWoodley
@NicholasWoodley 2 жыл бұрын
Thank you for your information. Going through this at the moment.
@tominblyth
@tominblyth Жыл бұрын
I have a neighbour who does what they want , no planning,or party wall agreement ....last week they had a new roof and gutters fitted disconnecting mine in the process, the problem it they moved the gutters further out away from the wall so mine can't connect into it , what do I do? I'm lost the building control at the council is dealing with the planning issues but won't help me with the civil bit...I send you a couple of photos but don't know how .... Thank Tom I enjoy your channel well done your easy to understand
@rogerbarton497
@rogerbarton497 2 жыл бұрын
So Chris d'Wally was out of order when he called round on Wednesday to tell me he had builders coming on the following Saturday and that I had to move my car out of my drive to allow them access to his wall, which was a pain because the car was on SORN and I couldn't legally park it on the road.
@jimfiggerty833
@jimfiggerty833 3 жыл бұрын
3 surveyors and two lawyers ? Most people would just give up.
@clivewilliams3661
@clivewilliams3661 2 жыл бұрын
The Govt produced an excellent publication that explains the Party Wall etc Act in simple language with clear diagrams and crucially a series of draft letters than can be photocopied (or torn out), completed with names, addresses and dates and used within the statutory process. If the situation doesn't fall within the standard examples then the advice of a Party Wall Surveyor ought to be sought. It is best if agreement between the two parties is made with the necessary paperwork from the publication at the outset so that the remainder of the provisions need not be enacted.
@Number6_
@Number6_ Жыл бұрын
Unless of course the other has cause to keep the wall as it is and will rebuild it if necessary.
@Prawnchowmein
@Prawnchowmein 2 жыл бұрын
Brilliant explanation you are awesome
@mrgrizzlyrides
@mrgrizzlyrides 2 жыл бұрын
Very helpful indeed; thank you.
@charleswilliams4059
@charleswilliams4059 4 ай бұрын
It appears from the comments below, that the article may have initiated more questions than answers..........
@martincheesman4564
@martincheesman4564 3 жыл бұрын
My understanding has always been that there is a further remedy regarding this matter, that if the neighbour writes to the persons wanting to undertake the works to confirm that they do not object to it being undertaken and that they understand that any damage caused by the works will be repaired by the people undertaking the works, an official notice is not required to be served. Also, you did not mention the 3m and 6m notice requirements. Again, my understanding is that a notice is only required where a structure is to be built within 3m of the boundary and there is a possibility of the foundations extending below that of the neigbouring property and if within 6m that the bottom of the new foundations are not below a 45 degree angle of the neighbouring property. Therefore, if I am building a base for say an external garden office, (for which I have of course already obtained planning approval where required) next to my neighbours property that does not have foundations that will extend below their foundations, I am not required to serve a notice. Am I correct?
@MatthewBester
@MatthewBester Жыл бұрын
I have an odd one. I am prospective buyer of Victorian End Terrace. The loft space has no party wall, just open space. There is also a brick window central to where the party wall should be on the rear elevation. I want to erect a wall but also preserve the window, i.e. avoid bricking it up. The neighbour directly adjacent sharing that part of the loft space is happy for us to have the window on our side of the new wall but he is only the Leaseholder of one of a few other flats.
@StevenSmith-kk7vo
@StevenSmith-kk7vo 2 жыл бұрын
Loft conversion , what if you have solar panels installed and the adjoining neighbor and threatens to go ahead with a loft conversion regardless blocking sun light. The only case I can find is against planning was with Medway council. What protection do you have in fitting solar panels regarding planning laws and people that don't need planning. IE: loft conversions that could block your sunlight to solar panels. I think that would be a good subject for you to cover.
@WaheedRafiq
@WaheedRafiq 2 жыл бұрын
What happen if planning permission has not been granted and they have not appointed surveyor what can you do
@erixariddell2172
@erixariddell2172 3 жыл бұрын
Really helpful.
@BlackBeltBarrister
@BlackBeltBarrister 3 жыл бұрын
Glad to hear!
@Wilkins_Micawber
@Wilkins_Micawber 2 жыл бұрын
BBB - How does does the Party Wall act effect planning permissions or building regulations, if at all?
@tomwebb3081
@tomwebb3081 3 жыл бұрын
What about emergency work (such as essential repairs following, say, a storm)?
@reczy
@reczy 3 жыл бұрын
You have a right of access to repair the wall. Depending on the type of wall, this may even include sharing the cost of the repair with the adjoining owner.
@TexLfc
@TexLfc 3 жыл бұрын
I live in a link detached by garage. The party wall is only the bit where my neighbours garage touches my wall. The remainder of the external wall is mine.He was told by my surveyor who he had to pay for.that building any extension that touched my wall would result in criminal damage.thank fully the twat moved out when i didnt fold 😁
@barrythompson5631
@barrythompson5631 3 жыл бұрын
Awesome really great information.
@paulevans9307
@paulevans9307 3 жыл бұрын
Would the work that the Casey's were planning to do potentially frustate their purchase contract, if the new garden wall was deemed to have significantly altered the property from what was agreed to be purchased?
@Liberty_Freedom_Brotherhood
@Liberty_Freedom_Brotherhood 2 жыл бұрын
Do you mean the neighbour’s sale? If so then it is an issue as the Casey’s need to give notice to the new buyer also. And yes it could cause a problem if the party wall was changed after exchange of contracts.
@chrismoss4278
@chrismoss4278 3 жыл бұрын
My neighbours have built a large loft extension that goes some way over the centre line of the party wall. I found out later that the drawings stated no part of the extension should go beyond the boundary of the party wall. I pointed out my worries and it was suggested there could be an agreement (in a private letter) that I or a future owner was entitled to remove the overhanging part of their extension if we wanted to do a loft extension of our own. They have refused to get a surveyor involved because of this informal agreement. They now say it’s up to me to employ a surveyor, which I can’t afford at the moment.
@Benzknees
@Benzknees 3 жыл бұрын
They or their successors might acquire the right for it to be there by way of legal ‘prescription’. You should contact the planning authority and point out the structure is not in accordance with the permission given, asking them to take the necessary action.
@A.Martin
@A.Martin 3 жыл бұрын
If they extended the loft they should have extended the wall alongside the loft, You should just get a lawyer involved and have them remove any works that are encroaching on your property.
@tonycammie1269
@tonycammie1269 3 жыл бұрын
I keep seeing video about claiming un used and un registrated land, it be very interesting if you could confirm if there is any laws that allow people to claim un used and in registered land.
@barryfoster453
@barryfoster453 3 жыл бұрын
There is a 12-year rule which means you have to keep the land maintained for 12 years before claiming full title. I did this many years ago. I found a cracking piece of land just within my town's boundary that was completely unowned. Did lots of research, and it appears the original developer thought it was council land, and the council thought it was a property developer's land left for an access road. Turned out they were both right, but neither of them actually owned it. So I claimed it by taking legal advice and fencing it off. Worst moment of my life and one for which caused me incredible stress and anxiety. I had everyone against me - all the neighbours (bar one nice gentleman) and the council. The neighbours tore my fence down and the council claimed it as part of the highway even though it wasn't on their register. I had a choice; fight them all or give up. The neighbours didn't bother me, but fighting a council with lawyers did. I was also tipped off by someone I know very deep within the council's own planning department that the council would go all the way to win and spend hundreds of thousands if necessary (in fact that person was very helpful - tipping me off as to what the council was doing). So I gave up. Would I do it again? Unlikely, given the 12-year rule, and the cost of a lawyer. That 12-year rule would take me to 74 years of age, so too old to start building a house! However, good bit of news... The council later proposed a major school on the land behind the piece of land - and in so doing infuriated all the residents who had tore down my border fence. I laughed. Apparently the works are driving them mad!
@tonycammie1269
@tonycammie1269 3 жыл бұрын
@@barryfoster453 thank you for such an in depth comments, I had a feeling all was not as the videos was making out. I'm not surprised with the council they think they own everything and have every right to tell you how to live. I had a run in with my local council over wet card board from a new cooker n TV but I reached how card board is recycled and throw it on their toes and pointed out a few bins without lids collecting rain... Didn't hear from them again. Again thanks for a detailed comment. You are a scolar and a gentleman.
@barryfoster453
@barryfoster453 3 жыл бұрын
@@tonycammie1269 kzbin.info/www/bejne/q2GpdJ-sp5l1hbc
@tonycammie1269
@tonycammie1269 3 жыл бұрын
@@barryfoster453 seen it after I commented yt algorithm lol... I watched another guy that made it sound like fun.
@ngbc5342
@ngbc5342 3 жыл бұрын
Could we have a discussion about deeds of covenant please, and there enforcement? nick
@theq-1
@theq-1 2 жыл бұрын
Most of them you can ignore as the people who imposed them (or their legacy) would have to stump up the cash to enforce them through the courts... would you spend 10k on a covenant your grandad put on a bit on land 70 years ago saying someone needs his permission to add an extension? you'd lump the costs and the home owners if you wenrt careful too....so few bother... developers have loads on mew builds about vans and motorhomes... nobody takes any notice.
@dshe8637
@dshe8637 3 жыл бұрын
I would be interested to find out what the legal situation is for the RSPCA. The organisation operates a numbrr of practices that mimic those of law enforcement, like wearing uniforms, right of entry, giving orders to members of the public and seizing animals but they don't actually have any legal powers, do they?
@salamander5703
@salamander5703 Жыл бұрын
On an episode of "Homes under the hammer" a narrow plot of land at the end of a terrace of houses was sold. I was amazed when the buyer built a new house directly onto the side of the neighbouring house so the neighbour went from being end of terrace to mid terrace! The neighbour didn't seem to have a say in the matter. Can someone build onto your house if the wall is on the property boundary? Be interested to hear the legal aspect of that.
@steviezxr
@steviezxr Ай бұрын
I feel a bit powerless here. My neighbour has only told me verbally today that a party wall on our boundary is being removed tomorrow. Then in 3 days time some excavation work starts on the boundary line, digging out an existing foundation then replacing with another. As there has been no notice I believe the Act cant protect me?
@fsutcliffe816
@fsutcliffe816 3 жыл бұрын
I am not moving to Lawchester !!
@BlackBeltBarrister
@BlackBeltBarrister 3 жыл бұрын
🤣
@DarkFire515
@DarkFire515 3 жыл бұрын
Very interesting video. Does the Party Wall Act cover other constructions such as the roof of two garages that are connected by a party wall?
@Liberty_Freedom_Brotherhood
@Liberty_Freedom_Brotherhood 2 жыл бұрын
Yes 👍
@eastcoastuk1120
@eastcoastuk1120 Жыл бұрын
I have recently had a situation. The neighbours overhang of his roof encroaches 450mm beyond what is a PARTY WALL on a Semi detached building. The two properties are connected via a T shape so an extension to the party wall is front and rear. MY neighbour has erected a fence, blocking the party wall so no use of that wall can be acheived. i.e. for an extension. The fence he has erected is in line with the overhang limit into the land of my property and not where the party wall is. He has offered to by my property to circumvent that party wall siuation but any susequent owner will have rights to that party wall I presume. Perhaps you would like to comment on this situation where blockage by a fence prohibits access to the party wall. Genuine question.
@rolexrakes5290
@rolexrakes5290 3 жыл бұрын
This was really useful - well delivered, concise and to the point. Perfect!
@BlackBeltBarrister
@BlackBeltBarrister 3 жыл бұрын
Thank you! 🙏
@garvielloken3929
@garvielloken3929 2 жыл бұрын
NOOICE!
@suzannahjames5264
@suzannahjames5264 3 ай бұрын
Does the Party Wall principle refer to shared drains? Does anyone know? Thank you!
@BirminghamGuesthouse
@BirminghamGuesthouse 4 ай бұрын
I sent and received consent for works being done at my house. Now 2 years down the line, the neighbours became greedy and want to get money out of me. Where do I stand legally?
@jakesteele13
@jakesteele13 3 жыл бұрын
Hi - question on a interesting case. Party A) serves notice to carry out work on a property below party b) the work is agreed and signed but not condition is done. Work is completed and party B starts blaming all issues on party A. Hw work carried out....extra foundations. Has added value to both flats. Party has photos of visible cracks before the work was carried out. Can't seem to find an agreement.....any thoughts?
@Happytruth
@Happytruth Жыл бұрын
Can you take a civil action for compensation if a neighbour takes out chimney breasts (semi detached) but has mor or did not inform or give notice? I believe the work would have been carried out without because of timescale. Any idea what compensation one could receive?
@lli7133
@lli7133 3 жыл бұрын
What can I do if my neighbour refuse to appoint a party wall surveyor even after they have damaged my beam? Are they allow to do this?
@DivineFeminine_01
@DivineFeminine_01 6 ай бұрын
I would love to know if I can do a party wall notice myself or do I need a surveyor. I’ve sent notice to the council to extend (permitted development) and both my neighbours have sent surveyors letters saying I should send notice when I’m ready to do the work. Can I just do this notice myself?
@lli7133
@lli7133 3 жыл бұрын
Very good video
@BlackBeltBarrister
@BlackBeltBarrister 3 жыл бұрын
Thanks for watching!
@chapman9230
@chapman9230 Жыл бұрын
Be aware the act also applies to structures not being a party wall. Applies to excavations sithin 3 m and going below the foundations of a structure. Eg. A wall or building on your neighbours plot but close to the boundary. You want to dig perhaps for an extension or to put up a building within 3 m of it. I am so waiting for a lot of horror stories about basement works in London. Seen a couple but predict in another ten years the number will be enormous as homes start to crack up because their idiot neighbour wanted a home cinema.
@amustafa6632
@amustafa6632 3 ай бұрын
What about fence dispute
@calumhunter815
@calumhunter815 2 жыл бұрын
Don't get me going on 'rights of light' , oh the many thousands our client spent on 'buying' rights that did not exist! (the neighbours were solicitors)
@geoflawrence8319
@geoflawrence8319 Жыл бұрын
Hello, I am most interested by your explanations on the complexities of the UK legal system. When I saw this video I was hoping that it might address my current problem. Briefly: I have been trying to contact my neighbour (who rents out the property next door) because the party wall between the two back yards is falling down form the top. He / she do not reply to our letters, so how do I servve notice or instigate a dispute procedure? As it is the capping stones are gradually falling off the wall which potentially could injure someone. Tour comments would be appreciated. GL
@rogerbarton497
@rogerbarton497 2 жыл бұрын
If two adjacent houses are on a slope and the ridge-line is stepped, whose responsibility is the flashing between the two houses?
@tonyluxton3726
@tonyluxton3726 3 жыл бұрын
Good video
@andyfreeman5777
@andyfreeman5777 2 жыл бұрын
Hi there - We want to remove a chimney breast in our ground floor split terrace flat, with a single flat upstairs. I assume I need to serve a party wall notice to our next door neighbour who we share the wall with, but do I also need to serve one to the upstairs owner?
@hoverboverer
@hoverboverer Жыл бұрын
Our neighbor built a substantial wall on our boundary (footings lower than our foundations) without sending us a party wall agreement and despite our (written) misgivings. We suspect (actually, know) that the builders cut corners and did not reinforce the wall with steel and concrete as promised. How can we find out if this work has passed building regs and what are our rights in this matter? Thanks
@mick.Walker
@mick.Walker 3 жыл бұрын
If the plans show a loft conversion finishes before the party wall and its built so it bridges it, can they be forced to rectify this, even though I signed a party wall agreement thinking just for the steels, thanks
@Jules_Pew
@Jules_Pew 3 жыл бұрын
If it bridges the party wall it would be a fire hazard.
@fredbassett8509
@fredbassett8509 Жыл бұрын
but there is a fundamental problem with this act....it is not required to be included in any planning application and us not policed by the local authority planning department....
@partywallsurveyor
@partywallsurveyor 3 жыл бұрын
Pretty good on the whole but some inaccuracies in your description of the act and process.
@albertgriffin7901
@albertgriffin7901 Жыл бұрын
Who pays if I have a Party Walk Surveyor as NOT the builder of the Party Wall?
@timothycohen-lo3xc
@timothycohen-lo3xc Жыл бұрын
Is it a legal requirement to have the loft partitioned? My loft is not partitioned and would allow a neighbour access to my property. I recently moved in and it’s rented by an estate agent. Thanks in advance
@macker8017
@macker8017 3 жыл бұрын
Hi great channel in 2015 a house was built 1.5 metres away from our house without party wall notice served we was intimated by large group of men / in 2017 they sold the house and in 2018 the new owners got the house underpinned without serving party wall notice my house has subsidence what are my rights now as I believe they have caused damage to our house as we have a large crack along the adjoining wall it's been very horrible few years it's also been discovered the new house build next to us was built over a easment that was a main sewer that caused the sewer to break we have learned that's why it was underpinned. The local council passed permission for the house despite objections from environment agency flood risk / and despite a main seer pipe being in the land
@Benzknees
@Benzknees 3 жыл бұрын
Why not refer the matter to your house insurers as a subsidence claim, and let them deal with these issues?
@macker8017
@macker8017 3 жыл бұрын
@@Benzknees we will do as we was wondering if we still can it's been a couple of years but obviously it can take time to effect a property
@someonespadre
@someonespadre 2 жыл бұрын
Mr. & Mrs. Casey own Blackacre?
@robertbaxter4021
@robertbaxter4021 3 жыл бұрын
Is a wooden fence with concrete posts classed as a party wall?
@BlackBeltBarrister
@BlackBeltBarrister 3 жыл бұрын
Fences not usually but depends on the extent of the work and excavation etc.
@StrathpefferJunction
@StrathpefferJunction 3 жыл бұрын
The Party Wall Act only applies in England & Wales. There's no equivalent in Scotland.
@pennyspooner6054
@pennyspooner6054 3 жыл бұрын
Our neighbours carried out work on a party wall without a party wall agreement, which resulting in our living room floor (over a cellar) becoming dislodged in one corner and dropping. It has cost us around £4,000 to fix the floor, pay for a structural engineer's report and a chartered surveyor's report. Despite sending both reports to our neighbour they have refused to acknowledge any fault and we are at a loss as to how to proceed. If we start a court case it could well take years and cost a fortune. Additionally, they added a garage at the back of their house and attached it to our house - this is not a party wall but actually just our property that formed the boundary to their garden. In doing so they caused further damage - multiple cracks, that once again we have had to repair ourselves; and again they refuse to admit fault in doing so, Any advice on this that won't lead us down a rabbit hole of court cases taking years to resolve?
@lli7133
@lli7133 3 жыл бұрын
We have a similar issue with our neighbour. They refused to pay for two surveyors and other costs under the party wall act. Our surveyor adviced us to take them to court.
@pennyspooner6054
@pennyspooner6054 3 жыл бұрын
@@lli7133 thanks, yes, we could take our neighbours to court, however, we don't really want to go down what could be a lengthy and stressful process. It's very frustrating.
@lli7133
@lli7133 3 жыл бұрын
I agree. That is what they are betting on.
@lli7133
@lli7133 3 жыл бұрын
@@pennyspooner6054 Also, you can't let them think you are not going to take them to court.
@lli7133
@lli7133 3 жыл бұрын
@@pennyspooner6054 Did you sigh the consent form/party wall agreement before they started work?
@darrenhirst9900
@darrenhirst9900 3 жыл бұрын
My wall has never been used for a party 👀
@robertdarby6553
@robertdarby6553 2 жыл бұрын
If you hire an Architect to produce plans for your extension and gain the necessary local authority approvals, is he or she also expected to gain consents from the neighbours under this act?
@chapman9230
@chapman9230 Жыл бұрын
No. The owner should.
@Dixy3
@Dixy3 2 жыл бұрын
Daniel, what would happen in Lawchester if one party decided that they was going to do whatever they wanted without notice or permission, even getting family children to hack the neighbours Sky Q and BT Full Fibre broadband WiFi network Routers, their CCTV cameras, computers and their three separate personal mobile phones, not just for the period of work but for at least three years without their neighbours knowledge or express permission. They tracked them everywhere they travelled and recorded video and audio data through the use of Spyware software. Would all those parties who had knowledge and listened to this ongoing physical stalking, cyberstalking and harassment by using this perpetual audio and video data, including the contractors boss and builders, plus family and other neighbours. Could they be charged with collectively cyberstalking and repeated Harassment, especially to the husband and wife, their adult children, grandchildren and great-grandchild, they also watched and recorded two separate judicial teleconferences and PIP tribunals their neighbours son and father had, does conspiracy to cyberstalk enter into this? Even when the neighbours were asleep before hammering on the shared boundary walls before 8AM. I wonder what the lawyers and judge would make of this?
@spraggerdogwilko333
@spraggerdogwilko333 3 жыл бұрын
Just a couple of questions! is a party wall the same as a part fence! and why I am on about fencing is it a rule of thumb that as you stand looking from the road that your boundary is on the left any help would be well come.
@A.Martin
@A.Martin 3 жыл бұрын
I am guessing a fence is much easier to deal with than a wall, as the wall is structural and is part of both neighbours (or just one) building.
@beeble2003
@beeble2003 2 жыл бұрын
BlackBeltBarrister has replied to another comment asking this question, sayin that the Party Wall Act does not apply to fences.
@shanebevan3743
@shanebevan3743 3 жыл бұрын
I was wondering what would happen if you were given a party wall act by your neighbor and one owner of the house signed it and the other refused?
@rogerbarton497
@rogerbarton497 2 жыл бұрын
It would go to court
@brihe7029
@brihe7029 2 жыл бұрын
Would an email be considered 'written consent'?
@rogerhargreaves2272
@rogerhargreaves2272 3 жыл бұрын
Who thought a Party Wall was to keep the noise down if you had a house party in Lawchester then?
@TC-qd1zw
@TC-qd1zw 2 жыл бұрын
More words for the benefit of Solicitors etc to make money out off.
@ryanb915
@ryanb915 3 жыл бұрын
how would this affect a "joint" hedge or a hedge that is on the boundary?
@beeble2003
@beeble2003 2 жыл бұрын
A joint hedge is a row of cannabis plants, right? 😂
@SilviuHoratau
@SilviuHoratau 3 жыл бұрын
For the algorithm!
@megaman2016
@megaman2016 3 жыл бұрын
Do you need a party wall agreement to repair a drain pipe next to a neighbour?
@BlackBeltBarrister
@BlackBeltBarrister 3 жыл бұрын
Normal repairs do not engage PWA
@mancunianlee
@mancunianlee 3 жыл бұрын
What hair products do you use?
@BlackBeltBarrister
@BlackBeltBarrister 3 жыл бұрын
Braun
@mancunianlee
@mancunianlee 3 жыл бұрын
@@BlackBeltBarrister can you please do a video on those annoying auditing types. To me they harrass people but they seem to have the law on their side??
@willtheclimatealarmistsall7728
@willtheclimatealarmistsall7728 3 жыл бұрын
Bic
@avcluton9471
@avcluton9471 Жыл бұрын
Hi how do I contact plese
@moonshinepz
@moonshinepz 3 жыл бұрын
the party wall Rules are not rocket science. the problems come when you have a neighbour who wants to screw you out of money or make things difficult. Been there, got the tee shirt. "if the surveyors can't agree then they appoint a third surveyor".... to bleed you dry until you lose your will to live and your wallet breaks. I am fascinated by the cycles, samurai swords and telescopes in these backgrounds. I am beginning to suspect that a good lawyer has to be on some sort of spectrum, in a good way.
@ven11000
@ven11000 Жыл бұрын
You are so in love with yourself
@TheErsatzMode
@TheErsatzMode 2 жыл бұрын
Something you NEVER talk about: all rules, demands, and so on, that arise through legal processes apply only to those that have consented - contracted - to adhere by them, and the rules of society (meaning the organisation that created them). No membership with this society, and no lawful obligation to comply with anything it states as a rule (which it fraudulently calls law). You're busy making loads of cash whoring for the legal establishment, so why would you even come close to discussing the fundamentals of it? You wouldn't. Too much to lose. Nice pocket handkerchief, by the way...
@anthonyroach7974
@anthonyroach7974 Жыл бұрын
Has a pedestrian I always give way but I’m sick of those purposely trying to run you over I carnt carry a self defence weapon but they are driving a weapon and using it to intemperate and injure or kill somebody .I’m sure they know the new rules they pay Road tax and insurance think they are above the rules,Moronic Morons
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