Party Wall Agreement Withdrawal


Postby Pesche » Mon Sep 24, 2007 10:56 pm

Can my neighbour withraw a Party Wall Agreement once he has signed one?
How long is a PWA valid for?

Thanks
Pesche
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Joined: Sun May 27, 2007 11:20 pm

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Postby LCL » Tue Sep 25, 2007 9:11 pm

Generally no. Your neighbour does have the right to appeal to the county court under S10(17). This must be done within 14 days. The PWA is only valid for 12 months for the date of publishing (the date with was signed and served upon the adjoining owners). Why has he withdrawn it? IS the work no longer going ahead?
LCL
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Joined: Tue Sep 11, 2007 2:40 pm


Postby Pesche » Wed Sep 26, 2007 9:14 am

No, LCL, he hasn't withdrawn it, but I fear he might, because he's announced to me that he's "fallen out" with us.

The "reason" he's giving is that at 1am one weekday morning we knocked on a wall to stop the noise his tenants were making. He is the landlord, and he's recently put in 5 noisy first-year female students. We've been round a couple of time, including 3.30am one weekday morning to complain politely.

Because he's behavious is and has been so irrational and erratic, I fear he might withdraw the PWA to get at us in some way.
Pesche
Posts: 7
Joined: Sun May 27, 2007 11:20 pm


Postby LCL » Wed Sep 26, 2007 7:05 pm

Peshe

Sounds like your having a bit of fun with the tenants. Regarding the PWA, he cannot with draw it, but see comments as my previous post. A party wall agreement can only be put in place by party wall surveyors. A property PWA cannot be put in place by people with intesrest in the properties, ie owners. Either you will have had your own surveyor - the 'adjoining owners surveyor', or the two owners would have concured in the appointement of an 'agreed surveyor'. This matter should really be taken up with your appointed surveyor. If there is no appointed surveyor, then it cannot be classified a party wall agreement, more a gentlemens agreement.

Taking it back to first principles, if he is proposing to carry out works to, or sometimes near the party wall, he will need to serve notice upon you. You can either agree to, or dissent from the works proposed. Were any notices ever provided?

Regarding the noise issue, this could be nuisance if you can prove that you are put at more distress than most people because of the noise. This will need to be taken up with the Environmental Health Department of your local authority. The more evidence you can obtain the better. Start a diary of event.

Hope this helps.

LCL
LCL
Posts: 139
Joined: Tue Sep 11, 2007 2:40 pm


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