Party wall agreement with crazy neighbour and surveyor

Aug 31, 2022 Last reply: 3 years ago 6 Replies
A

Hello!



I have a bit of a crazy neighbour that doesn't answer notice letters, doesn't answer the door, and hides away all the time. I cannot get the person to sign my party wall agreement, so I spoke to a surveyor that recommended I get 2 surveyors, one for me and one for the neighbour. I know already the surveyor that will deal with the neighbour is not going to go anywhere as not even parcels can get delivered, so I'm not keen to pay possibly £1k for each solicitor to knock a door and get nothing done.



I'm trying to find a DYI way to serve notice again via some other form, perhaps record video of me knocking the door with today's newspaper to have enough evidence I gave notice and tried. I don't see any benefit from the surveyor fees to not achieve anything different than I would.



What are your thoughts in this situation?


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R

There is nothing special about "serving" a Party Wall Act notice. It's not like serving a summons. And even if you had the Archbishop of Canterbury and David Attenborough witness you place the notice in their hands it gets you nowhere. If your neighbour does not cooperate your only option under the Party Wall Act is to pay for the 2 surveyors.

See para 19 in the booklet at

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B

It depends how complex the party wall agreement is going to be I suppose. There has to be a remedy if after all attempts fail you need to crack on. However you do it probably means a bill for a solicitor though. Surely they have to come out to do their shopping? Brian

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R

Are you sure that the neighbour is still *alive*? If in doubt, tell the police that you're worried about his/her safety and get them to investigate.

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G

The simplest way to serve a notice, and have evidence that you did so, is to stick a stamp on the envelope, then hand it over the counter at a post office, and get a certificate of posting.

Generally, even without a COP, your word that you posted it is good enough.

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R

And the penalty for NOT getting a Party Wall Agreement is ?? I dont think there is one !

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P

Not only that but following the Party Wall Act is largely for the benefit of the neighbour.

If the neighbours are genuinely not interested in having a neutral third party log the condition of the wall and check for damage afterwards then why force it on them?

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