Retrospective Party Wall Agreement

[Eastender20]

Hi All,

I'm hoping to get some advice on a tricky situation. We moved into our house 12 months ago and have always had a good relationship with our neighbours, but things have soured over a rear extension.

So, the story begins that over the summer we were drawing up plans to have a full width rear extension on our semi-detatched property, all of which was to be build within our boundary. Our neighbour suggested that we move the wall on the attached side to become a party wall that we can both user. We agreed to this (literally over the garden fence) and made a verbal agreement that we would start work on a given date and that we would pay for it as we were building first and they were to build at a later date. At this point, I rather naively didn't draw up the party wall agreement documentation as we had a friendly and mutual interest - I had'nt really done my research and now know I should have. As the project went on, it slipped from mind. Our extension was passed by building inspection but we found that the neighbour had changed their plans and was now suspending their roof off the party wall and supporting it with an inner wall. We'd agreed not to do this, but they went against the agreement. I know legally there is nothing to be done as there was no party wall agreement. Its a moral issue that has annoyed me - As long as it passes building inspection and does not compromise the integrity of the party wall, its one I just have to live with.

Over the course of our building work, they have tried to do theirs in tandem, using our property as access. We allowed this as good will due to the inconvenience our build may have caused them. However, there has been plenty we've had to let slide and going against our agreement on the party wall was the last straw. This has however caused a lot of argument and bad blood with a lot of legal speak thrown our way. I don't want the roof of their property removed from the party wall, I would have just preferred them to have stuck to our original agreement.

I want to know where I stand. They have said they will sign a party wall agreement retrospectively - Do we still need one? Is it necessary? Also, given that they have also now gone on to build an extension using that party wall (which they seem to have exception with when it suits), does that not imply acceptance of it?

I'm not looking to escalate this further, I would just like some idea of where we stand on this so i can move forward in the right way and draw a line under it.

Thanks,

[des8]

Is the party wall built astride the boundary, or does it just abut the boundary?

An agreement might prevent further problems but you can n ever tell!

[Eastender20]

Is the party wall built astride the boundary, or does it just abut the boundary?

An agreement might prevent further problems but you can n ever tell!

It should be astride the boundary equally, but due to accuracy of the builders, its not and its an inch on my side. I'm not fussed by this and I don't want to quibble over ownership. I just want to know whether a party wall agreement is now necessary since they laid a concrete floor against it, laid an adjacent foundation, attached timbers to the party wall, hung roof timbers off this along with suspending a skylight. This is my mind is acceptance of the party wall but i don't know if it has any legal basis. I'm still going to have one drawn up retrospectively, I'd just like to know where I stand on it.

[des8]

Your neighbours are pressing for a party wall agreement because they are trespassing!
The wall is not really a party wall if it is entirely on your property

As you don't object to that, the agreement will regularise the situation and prevent you taking action against them later.
By all means sign the agreement, the only suggestion I would make is that you insist your neighbour pays the costs of having the wording drafted by a party wall surveyor appointed by you

[Eastender20]

des8 - I hear what you say but they don't know about the centre point of the wall. They haven't pushed hard for the agreement, its more to draw a line under it all. I'll definitely take your points on board. Reading around it, it just doesn't feel necessary now. Any damage would be difficult to prove or disprove due to the works carried out by both parties now. As I say, I feel they accepted the party wall by building onto it. I think something that says we agree to share the wall and any upkeep, agree not to load weight onto it, etc so we both have it for future reference and potential sales, is more appropriate.

[des8]

Anything to keep the peace!
You must be an easy person to get on with

[Eastender20]

a point raised elsewhere - if the other party is attaching their roof to the wall (although the load will be taken by an internal wall) should they not also give us notice?

[des8]

As your wall is not actually a party wall, as it is built entirely within your property, they need not to give notice to attach to your wall but to obtain your permission.
However if you wish to consider it a party wall, then yes they have to (should) give notice of their intention to carry out any building work near or on the wall