Party Wall

[RedRuby]

Hello all,
I hope everyone is well. Thank you for taking the time to read my concern.

There is a Party Wall shared with my next door neighbour and it is in a state of disrepair. There have been in talks regards getting it repaired. The neighbour doesn't seem keen on serving a Party Wall Notice.

My question is: What is the course of action I can take to stop works if and when they begin without consent or the Party Wall Notice? Is it a cease and desist letter or the n16a form? I am unsure of the course of action.

Thanks again.

[atticus]

Have you seen this explanatory booklet? https://www.gov.uk/government/public...natory-booklet

If work starts without a notice being given, an adjoining owner can seek to stop the work through a court injunction or seek other legal redress.

How you proceed depends on how much time there is before work starts. Letter first, if there is time. Injunction if it has become urgent.

[RedRuby]

Good Morning Atticus and thankyou for replying.

Yes I have seen the Party Wall Explanatory Booklet.

I believe I have time to serve a cease and desist letter before works begin. Could you tell me if I can write the letter myself or do I need a solicitor to draft it for me?

Talks between us have differed on the extent of the works needed. The tradesman preferred to me is uninsured. The Party Wall reaches upto the first floor. There appears to be no intention to use a scaffold. There appears to be a preference to use my property and land for access to the Party Wall.

Due to not being provided with a quote specifying the scope or cost of works as yet, I cannot determine if the intended works would fall into minor repairs where a Party Wall Notice is not needed or if the intended works would fall into the category of works where a Party Wall Notice is required.

Thank you for your time.

[atticus]

There is no requirement to engage a solicitor to write the necessary letter. You may feel perfectly able to make the necessary points yourself. Against that, sometimes the fact that you have engaged a lawyer will carry a further message about the seriousness of your intention.

[RedRuby]

Thankyou Atticus.

It has only just come to light the next door neighbour who has been communicating about the works to the Party Wall is not the registered owner of the property. This person has not been transparent with regards to this poignant fact. This would make all previous communication with them regarding the legalities of the works to the property null and void would it not?

If a registered owner of a property is mentally unwell but has not formally discharged their legal responsibilities to another person either by power of attorney or other legal means, are they still legally responsible for their property and any works? What is the legal situation here please? There have been threats made by the neighbour if communication is made to the registered owner regarding the works to the property.

[atticus]

I think the basic advice remains the same. I suggest that you send your letter to both the owner of the property and the person you describe as the next door neighbour. If you have to seek an injunction, name both as defendants. Remember that your objective is to ensure that if work is done, it is done properly.

What is the relationship between the 'next door neighbour' and the registered owner?

[RedRuby]

Thank you Atticus.

The presumption was the next door neighbour and the Registered Owner were legally husband and wife. Will further investigation need to be made to find out if this is fact? The presumption was also the husband and wife were both Registered Owners of the property but this is not the case. Only one name is on the Title Register.

A text message to the Registered Owner outlining the misunderstanding between myself and the next door neighbour’s ownership status, a brief outline of the works and that all future communication regarding the work will only be conducted between the Registered Owners of the properties concerned has been sent. The next door neighbour has been malicious in their communication and I see no legal reason to continue to conduct any further communication with this person.

I will begin drafting the Cease and Desist letter to send today.

Thanks again. Your guidance is much appreciated.

[atticus]

Are these the same neighbours as in all your previous threads in this forum?

[RedRuby]

That is correct.

[RedRuby]

To be clear; They share the same surname and there are children shared between them. Both Registered Owner and the person we are referring to as ‘next door neighbour’ are registered at the same address. The presumption they are husband and wife is a solid one.