Party Wall Problem with Empty Property Next Door

[RobRevolution]

This is a bit of a long story, but will try to keep simple!


Basically, my neighbour (homeowner) appeared to be evicted in September (bailiffs turned up and changed locks, neighbour then broke back in and lived there for about a week before disppearing).


At New Year, I discovered a theft of coping stones from the party garden wall between my property and his, I reported this to police. The only contact I had was estate agent whose number was on the For Sale sign, they wouldn't disclose owner of property, they said they would forward this on to their "corporate client" but have since ignored 6 or 7 emails I have sent to the effect that the unprotected wall is getting hammered by inclement weather, I need whoever is responsible for the property to contribute to the costs or at least cooperate in giving me permission to get the party wall mended. I also pointed out that the state of the neighbouring property was attracting criminals to the area. So I do not know if the emails are actually getting passed on to the owner as the estate agents refuse to acknowledge any of my correspondence. I have simply asked time and again if they have received my emails and passed them on and they keep ignoring me.


Last week, there was another theft of more coping stones from the wall further down, and the police have advised that the state of the neighbouring property is of concern in attracting criminals (as I said to the Estate Agent when I first rang them on Jan 2nd, they said that was nonsense), nobody has done anything about this and the garden wall seems to be deteriorating now there are only a few coping stones left near the other end.


I have legal expenses insurance on my home insurance but the only advice they could give me is to contact the current owner in the first instance, which is something I have been trying to do since this started.


However, I am struggling to identify the owner of the property. I've now paid twice at the Land Registry for the info and it still lists the neighbour as the current registered owner despite the bailiffs having been to change locks and remove things, the following info is what I have at the end of the document from the Land Registry:


1 (10.07.2007) A Conveyance dated 13 March 1866 made between (1) William
Butterworth and (2) John Cooke contains restrictive covenants but
neither the original deed nor a certified copy or examined abstract
thereof was produced on first registration.
NOTE: The rentcharge referred to in the said Conveyance has been
extinguished.
2 (15.08.2008) REGISTERED CHARGE dated 12 August 2008.
3 (03.12.2008) Proprietor: NATIONWIDE BUILDING SOCIETY of Nationwide
House, Pipers Way, Swindon L SN38 1NW.
4 (15.03.2013) Equitable charge created by an interim charging order of
the Tameside County Court dated 7 March 2013 in favour of National
Westminster Bank PLC (Court Reference [removed]).
NOTE: Copy filed.

I don't quite understand how the owner could have been evicted but still be the registered owner, or what action I could take. I believe I am not allowed legally to get work done on a party wall without permission of the other owner, so at the moment the wall is just getting ruined by the recent wet windy weather and I cannot afford to foot the full cost of repair. If the owners are Nationwide or Natwest Bank, I have no idea how to contact them, I have enough problems getting through to the right department at my own bank and all I can find are call centre numbers.


Also do the estate agents or someone not owe me a duty of care in this matter, as it is down to someone's inaction that I have been a further victim of crime and have had to get help from victim support. My plan had been to get the expensive stone removed off the rest of the wall as part of the repair, replace with cheap to avoid being a target, but this has not been possible due to total lack of cooperation from both the estate agent and whoever owns the property (again, if the estate agents have in fact been forwarding my correspondence, they have ignored every email I have sent since Jan 2nd).

So there are really two issues, one is how to find out who is legally responsible for the property in order to get them to share costs, although what concerns me more is the fact that I have suffered a repeat crime because of either the estate agent's or the current owners inaction and wonder if there is anything legally I can do about that, as I have lost many nights of sleep, had to cancel (self employed) work due to stress for a week after the second incident as I almost caught the thieves in the act on that occasion, and am still struggling to find a solution to this situation and it seems to be nobody else's problem I believe any reasonable person would have cooperated with me on this matter, I have sent crime numbers and all details on to the estate agent as my only contact but they have not even acknowledged one of my emails, aside from an email I got when I complained to their head office which said they could assure me my concerns weren't being ignored (that was before I sent the second crime report and asked for acknowledgement of receipt but like all the other emails that email was totally ignored).


Thanks in advance for any advice or help in this matter!

[RobRevolution]

Re: Party Wall Problem with Empty Property Next Door

So basically nobody anywhere on the planet can advise on this, is what it's beginning to feel like. :tinysmile_cry_t:

[dogtired]

Re: Party Wall Problem with Empty Property Next Door

It may have been missed, not sure what to say, anything on your deeds that says who is responsible?
This may act as a " bump" for you will check later.

[enquirer]

Re: Party Wall Problem with Empty Property Next Door

2 (15.08.2008) REGISTERED CHARGE dated 12 August 2008.
3 (03.12.2008) Proprietor: NATIONWIDE BUILDING SOCIETY of Nationwide
House, Pipers Way, Swindon L SN38 1NW.
4 (15.03.2013) Equitable charge created by an interim charging order of
the Tameside County Court dated 7 March 2013 in favour of National
Westminster Bank PLC (Court Reference [removed]).

It is not unusual for the Land registry to be out of date.

At first glance, this looks like a repossession - was the charge at (2) a mortgage in favour of Nationwide? Contact Nationwide to see if this is the case. If it was, then they will almost certainly be the current owners.

The item at (4) looks to be related to a debt to Natwest - probably a loan of some description. Contact them and see what they say. They would certainly know who then then owner was, and may possibly know who the current owner is. You might point out that the property on which their money is secured is being neglected (in other words, that they may lose their security and therefore their money).

Contact the estate agent again, pointing out that the property is being damaged and that their client may not be overly pleased at their lack of co-operation in this matter. You might hint that you already know who the owner is and might be contacting them directly if they don't prove more accommodating.

Contact the County Court and obtain details of the charging order hearing. It's a detail, but it may be useful.

[wales01man]

Re: Party Wall Problem with Empty Property Next Door

Who is responsible for Council Tax on a Repo property can be a grey area so liability in this case may be the same
The estate agent is acting for someone in the sale the company or person that will pay their fees they MUST inform the OP who this is or is Mr Nobody around again?

[RobRevolution]

Re: Party Wall Problem with Empty Property Next Door

Thanks for the replies. I've pointed out everything about their responsibility to the estate agent and even mentioned that once the property is sold if they haven't passed this information on I will be speaking to the new owner... even mentioned the recent changes law that mean a buyer can go to the property ombudsman if relevant information has not been disclosed during the process - all fallen on deaf ears. I've even contact the estate agent's national head office, apart from a brief reply to say my concerns were groundless, they have also started ignoring my correspondence. That's why I've become so exasperated.

I have also developed a problem with mice which coincidentally (perhaps) started about a month after the property was vacated.

I had thought the land registry doc was possibly out of date.

I will try to find contact details for Nationwide, is it worth popping into a branch rather than phoning?

Thanks again,

[RobRevolution]

Re: Party Wall Problem with Empty Property Next Door

When there was a plumbing van and a load of stuff outside the neighbouring property just now my hopes got up that it had been sold and I could at least deal with a real owner, however the bloke I collared said he was just acting on behalf of the estate agent to remove the rest of the guy's crap that he left behind.

Could this indicate completion of sale is near or something?

[enquirer]

Re: Party Wall Problem with Empty Property Next Door

I've even contact the estate agent's national head office, apart from a brief reply to say my concerns were groundless, they have also started ignoring my correspondence.

Make a complaint about them to their professional body.

I have also developed a problem with mice which coincidentally (perhaps) started about a month after the property was vacated.

Vermin - make a complaint to the council. Point out that you don't know who the owner is, and the estate agent is refusing to tell you.

I will try to find contact details for Nationwide, is it worth popping into a branch rather than phoning?

Write direct to their Head Office.

In writing, always in writing.

[CleverClogs]

Re: Party Wall Problem with Empty Property Next Door

When there was a plumbing van and a load of stuff outside the neighbouring property just now my hopes got up that it had been sold and I could at least deal with a real owner, however the bloke I collared said he was just acting on behalf of the estate agent to remove the rest of the guy's crap that he left behind.

Could this indicate completion of sale is near or something?

It could indeed indicate something, but it could also indicate something else - a spiv plumber, stealing copper pipes from an empty house!

[RobRevolution]

Re: Party Wall Problem with Empty Property Next Door

I've been reading this on CAB website about what happens after a possession order:

"If your mortgage lender has been granted a possession order, you will still be responsible for the mortgage payments until the property is sold. This is regardless of whether you are still living there. You will also be responsible for the cost of repairs, maintenance and insurance. You should check your insurance policy to see whether it is still valid if you're not living there. However, your lender may insure the property themselves and pass the costs on to you."

So could this mean that while the estate agent is selling the property on behalf of the lender (BS), the previous owner is still responsible for any repairs? In which case I've pretty much no chance of tracking him down and for sure he has no money anyway :tinysmile_hmm_t2:

So it seems when it comes to the law of this land, as far as neighbours of repossessed properties goes, the bottom line is, you're screwed basically for having the wrong neighbour at the wrong time...

[RobRevolution]

Re: Party Wall Problem with Empty Property Next Door

Make a complaint about them to their professional body.


Vermin - make a complaint to the council. Point out that you don't know who the owner is, and the estate agent is refusing to tell you.


Write direct to their Head Office.

In writing, always in writing.

I've written to the Property Ombudsman as that seems to be the only professional body mentioned on their website. Pity as one of the other professional bodies' codes of practice had a stipulation about not bringing the profession into disrepute with disgraceful behaviour! :tinysmile_aha_t:

Not sure if writing the Nationwide will do any good, if the law is that the evicted person is still responsible for cost of repairs to the property - the law is an ass in this case.

I might well try the council approach on the mice, as I have a couple of councillors' ears and they get things done as they are up for re-election in May

[enquirer]

Re: Party Wall Problem with Empty Property Next Door

Not sure if writing the Nationwide will do any good, if the law is that the evicted person is still responsible for cost of repairs to the property - the law is an ass in this case.

If it's a repossession, then it means just that - it's theirs, and they can dispose of it as they will. The previous owner still owes them the money of course, and they can pursue him for other costs, but if it's back in their possession, it's their problem.

Find out if this is what happened.

[des8]

Re: Party Wall Problem with Empty Property Next Door

Have you tried claiming on your buildings insurance for theft of the coping stones and the cost of replacing them.The insurance company might not be aware of the joint ownership.
Although you are only 50% responsible, if the deteriorating wall should cause injury to a third party you might later be making a claim under the liability section of your buildings policy.

As the wall needs repair, and you can't ascertain who the other owner is, surely you don't need his permission to progress repairs if they are needed to make it safe? Even if you do, what can they do about it afterwards? As you haven't damaged it, but have enhanced it they couldn't put in a claim for loss.

[CleverClogs]

Re: Party Wall Problem with Empty Property Next Door

I have a couple of councillors' ears

For making into silk purses?

[RobRevolution]

Re: Party Wall Problem with Empty Property Next Door

Have you tried claiming on your buildings insurance for theft of the coping stones and the cost of replacing them.The insurance company might not be aware of the joint ownership.
Although you are only 50% responsible, if the deteriorating wall should cause injury to a third party you might later be making a claim under the liability section of your buildings policy.

As the wall needs repair, and you can't ascertain who the other owner is, surely you don't need his permission to progress repairs if they are needed to make it safe? Even if you do, what can they do about it afterwards? As you haven't damaged it, but have enhanced it they couldn't put in a claim for loss.

The problem is I don't have a lot of spare money at the moment (self employed, living on a shoestring). The quote I got for fixing the wall was just about the insurance excess amount, and by the time the no claims discount lost, premiums gone up, etc, it just wasn't a viable option.

I don't think it's dangerous at the moment, my hope is, since the house has been marketed to cash buyers only as a refurb job, that a builder is going to buy it, and if they want to sell it on or let it out, they are going to want to do something about the the state of the wall, and if they are in the trade will not have to charge out any labour and might get materials very cheap.

So guess I have to wait it out, really...