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Party wall disputes typically arise when two adjoining properties share a wall, structure, or boundary. These types of issues often occur when one party plans to make changes or carry out works that may affect the shared wall, boundary, or the neighbouring property. Here are some of the most common party wall disputes and how to resolve them effectively:
One property owner may begin construction, renovations, or alterations that affect the party wall without properly notifying the neighbouring property owner as required by the Party Wall Act (in places like the UK).
Resolution: The Party Wall Act (1996) in the UK, for example, requires that the property owner gives the adjoining owner at least two months notice before starting any work that affects the party wall. If this isn't followed, the leading to a dispute.
How to Resolve: Communicate early and review the legal requirements for notifications and consents. If notification has not been given, it may be necessary to issue a formal notice or even take legal action to resolve the issue.
Issue: The property owner who is carrying out the work might want to make structural alterations to the party wall, and the adjoining owner may be concerned about the safety, potential damage, or impact on their property.
Resolution: Having a surveyor assess the situation and act as a neutral third party can be helpful. The surveyor can determine the type of work that can be done, ensuring the proposed work complies with safety standards and does not negatively affect the neighbouring property.
How to Resolve: Engage a party wall surveyor or a neutral mediator to ensure that both parties’ concerns are addressed and a solution is reached.
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Issue: During construction or renovation, damage may be caused to the neighbouring property, either directly to the party wall or to other parts of the adjoining property (e.g., cracks, water damage, etc.).
Resolution: Before starting any work, the party performing the work should arrange for a schedule of condition report to document the current state of the party wall. This helps protect both parties in the event of future disputes.
How to Resolve: If damage does occur, the owner responsible should rectify the issue promptly. In cases of persistent disputes, both parties may need to consult their surveyors, or in some cases, the courts, to determine the cause of damage and who should be held accountable.
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Issue: A party might object to the cost of works or their share of the cost, especially when the construction or renovation affects the shared structure.
Resolution: Costs should be discussed upfront and agreed upon. If costs are not mutually agreed upon, a third-party surveyor can help to assess the fair costs and propose a solution.
How to Resolve: If no agreement is reached, the matter may be taken to arbitration or, in extreme cases, court, to determine who is liable for what portion of the costs.
Issue: Once a party wall agreement (party all award) has been made, the responsible party may fail to adhere to the terms of the award, whether it concerns work schedules, standards, or payment arrangements.
Resolution: The adjoining owner should send a formal reminder and may seek legal recourse if the terms of the award are still not followed. In some cases, this could lead to financial penalties or an injunction to enforce the award.
How to Resolve: Legal action can be pursued if non-compliance persists. A court can enforce the award, but typically, this is a last resort.
1. Clear Communication: Open and transparent communication from the start is key. Make sure that everyone understands their rights and responsibilities.
2. Legal Guidance: Know the relevant legal framework in your country (like the Party Wall Act 1996 in the UK or similar laws in your jurisdiction).
3. Hire a Surveyor: Independent surveyors are impartial experts in resolving party wall disputes. They can act as mediators and ensure that all works comply with the relevant laws and do not unfairly affect either party.
4. Get Written Agreements: Always make sure that any agreements or notices regarding works on a party wall are in writing to avoid future onfusion.
5. Mediation and Arbitration: If disputes arise, mediation can often resolve the issue without going to court. An arbitrator can also be brought in to resolve disagreements in a legally binding manner.
6. Consider Insurance: Property owners should have appropriate insurance to cover potential damage to adjoining properties.
In many cases, having an open discussion early on can prevent a party wall dispute from escalating. If a dispute does occur, it's important to address it quickly, either through negotiation, professional surveyors, or legal action, to avoid costly and long-lasting issues.