Dispute After Party Wall Agreement: What You Need to Know
If you are planning on undertaking any kind of construction work that involves a shared wall or boundary with a neighboring property, you will likely need to enter into a party wall agreement. This agreement is a legal document that outlines the rights and responsibilities of each property owner during the construction process and helps to prevent disputes from arising.
However, even with a party wall agreement in place, disputes can still occur. If you find yourself in this situation, it is important to know your rights and obligations under the agreement, as well as your options for resolving the dispute.
What is a Party Wall Agreement?
A party wall agreement is a contract between neighboring property owners that outlines the rules and responsibilities for any construction work that involves a shared wall or boundary. This agreement can cover a variety of situations, from building a new wall or demolishing an existing one, to excavating close to the boundary or installing new foundations.
The agreement typically includes:
– Details of the work to be carried out
– The start and end dates of the work
– The rights and obligations of both property owners
– Provisions for resolving disputes
– Insurance requirements
– Details of any damages or compensation that may be payable
Why Do Disputes Arise?
Disputes can arise for a number of reasons, including:
– Changes to the work that were not agreed upon in the party wall agreement
– Damage to the neighboring property during the construction process
– Delays to the work that cause inconvenience to the neighbor
– Failure to comply with the terms of the party wall agreement
What are Your Options for Resolving the Dispute?
If you find yourself in a dispute with your neighbor after entering into a party wall agreement, there are several options for resolving the issue:
1. Informal negotiation: The first step in resolving a dispute should always be to try and reach an agreement through informal negotiation. This may involve discussing the issue with your neighbor or engaging a mediator to help facilitate the discussion.
2. Party Wall Surveyor: If informal negotiation fails, you may need to appoint a party wall surveyor to help resolve the dispute. This is a specialist who is experienced in resolving party wall disputes and has the authority to make a legally binding decision on the issue.
3. Legal action: In some cases, legal action may be necessary to resolve the dispute. This could involve taking your neighbor to court to seek damages or an injunction to stop the construction work.
Entering into a party wall agreement is an important step in ensuring that construction work involving a shared boundary goes smoothly. However, disputes can still arise, even with an agreement in place. If you do find yourself in a dispute with your neighbor, it is important to know your options for resolving the issue and to seek professional advice if necessary.