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michael adams[_6_] michael adams[_6_] is offline
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Default Legal question - party wall shenanigans


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/quote

My third and final post of the day!

As I may have mentioned elsethread, I've recently moved into my new
house,
which is a small Victorian detached cottage in town. There are plans
to
build on the adjacent "yard" (actually a back garden currently used as
a
car park) and, from what I make out of the plans (which aren't very
well
drawn in my opinion), the new house will be physically joined onto the
two
houses it sits between, thus at a stroke turning my house from a
detached
house into an end-of-terrace. I've been reading on the Party Wall Act
but
I can't seem to discover if I'm obliged to agree to this happening, or
if
I can simply refuse them permission to do this. If I AM obliged to do
this,
can I insist on any provisions (such as underpinning, sound-proofing
etc.)
as the house that's being proposed is not for the owner to live in but
to
sell or, judging by the area, to let?

/quote

What you haven't confirmed is that your property definitely ends at
the
wall. Only that the other party may be acting on the assumption that
it
does, without actually checking.

It's conceivable that just so to cover such eventualities it was
sometimes
the practice to extend a property by a small amount onto any adjacent
empty land. As has been pointed out elsewhere. As you've recently
bought
your house, the solicitor you employed when buying the property should
be able to check this for you from the plans. If your property does
end
at the wall the very fact that they didn't point out this possibility
to you - and the fact that planning permission must have already been
granted for the adjacent land doesn't appear to reflect very well on
them.

The solicitor's primary duty is to protect your interests not simply
to fill in the correct forms.


michael adams

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