Party wall agreement with crazy neighbour and surveyor

[alex4564]

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?

 

[Argus]

Local Authority planning officer, first...... explain the problem?

Solicitor?

Good luck.

 

[MARK.B.]

I would speak to a Solicitor and get legal advice from them rather than a surveyor ,attempting a DIY solution could end up costing you dearly if things go pear shaped .Your neighbour may well have mental health issues that cause them to shy away from virtually all contact with the outside world. Doesn't make them crazy just afraid of what lies beyond the comfort and safety of their home .

 

[Ollie78]

There must be some legal precedent for this.
You cannot be the first person to deal with this situation.
Perhaps see if you can find relatives of the neighbour ? Or maybe there is a certain time they have to respond and if they haven't then you can carry on? Put notices on the lamp posts like when you apply for planning permission maybe.

Perhaps employ professional "notice servers" , these people seem to exist for divorce papers, in movies at least.

Ollie

 

[Jameshow]

Is his house unkempt, likely hoarding??

If so inform the fire brigade that it's a fire risk and they will do a fire check however it's not a given when they will do it.

But the chap may not answer.

Make contact with the local pcso saying you have legal docs to serve?

 

[Terry - Somerset]

There is an escalation process on the government website which you have probably already seen.

Party walls

They clearly anticipate there may be problems with neighbours. However I would get a solicitor involved to act on your behalf in any communication to ensure a clear trail of what has been done, and that it is legally compliant.

The first step may be a recorded delivery letter which starts the clock ticking as he has only a limited time to respond.

Clearly I don't know the nature of the work you are intending - whether it is a formality to inform him, or would materially impact upon or risk his property.

 

[Blackswanwood]

The Homeowners Alliance will be a good source of information on this.

As I understand it if the neighbour doesn’t respond after 14 days to your notice he is deemed to object so you will be stuck with the costs of two surveyors.

As others have said you really need professional legal advice. Having a go and getting it wrong could ultimately be very messy.

Good luck!

 

[alex4564]

I'm planning to server notice again with a neighbour as a witness record video and stick the letter to her door. I don't see the point of appointing a solicitor that will not be able to do anything besides getting money out of this. I guess the best I can do is take pictures, record all notices I left and buy some insurance.

 

[johna.clements]

I'm planning to server notice again with a neighbour as a witness record video and stick the letter to her door. I don't see the point of appointing a solicitor that will not be able to do anything besides getting money out of this. I guess the best I can do is take pictures, record all notices I left and buy some insurance.

If you do not serve notice correctly, as other people have stated, you could end up with big problems.

You will not have permission or a court order to enter their property. It is not an emergency, you have been talking about it for weeks.

You enter another persons property carrying tools, or weapons. what happens if they feel threatened and chuck a brick in your face.

Having tools on another persons property could be classed as going equipped for burglary. Do you want to spend the night in the cells with a broken nose, or worse, and then explain why you should not be charged with going equipped.

The neigbour could say they do not know who you are or did not recognise you at the time. They will say they were afraid but only used minimum force against a person walking towards them carrying a hammer.

 

[johna.clements]

Is his house unkempt, likely hoarding??

If so inform the fire brigade that it's a fire risk and they will do a fire check however it's not a given when they will do it.

But the chap may not answer.

Make contact with the local pcso saying you have legal docs to serve?

Harassing someone because they do not want to engage with you generally does not end up well. They could then argue that the works are only being undertaken as a form of harassment and for no other reason.

A PCSO is not a solicitor. They cannot give legal advice, they have little legal training but can give you the wrong advice if you ask.

 

[alex4564]

If you do not serve notice correctly, as other people have stated, you could end up with big problems.

You will not have permission or a court order to enter their property. It is not an emergency, you have been talking about it for weeks.

You enter another persons property carrying tools, or weapons. what happens if they feel threatened and chuck a brick in your face.

Having tools on another persons property could be classed as going equipped for burglary. Do you want to spend the night in the cells with a broken nose, or worse, and then explain why you should not be charged with going equipped.

The neigbour could say they do not know who you are or did not recognise you at the time. They will say they were afraid but only used minimum force against a person walking towards them carrying a hammer.

1. I'm using the government template, plus how wrong can a notice that you are planning to start to do any work can be anyway?
2. I'm not planning to enter their property, or carry tools with me, I'm going to stick a letter to the door. I think you are taking things a bit out of context

 

[Bod]

https://www.gov.uk/party-walls-building-works/if-you-cant-agreeTaken from Terry's link, if you do not follow this advice, ie. 2 surveyors then you may be very expensively in problems.
The whole link is well worth reading.

Bod

 

[johna.clements]

1. I'm using the government template, plus how wrong can a notice that you are planning to start to do any work can be anyway?
2. I'm not planning to enter their property, or carry tools with me, I'm going to stick a letter to the door. I think you are taking things a bit out of context

Unless you can reach their door from the street you are entering their property.
Carrying out works to another persons property, namely sticking stuff to it will be trespassing (only a civil matter). It could also be regarded as criminal damage, you could have the police called on you. The police most likely would not turn up but the person could get a crime reference number and use that as evidence in future at any court proceedings as evidence of "your harassment."

I would do things correctly then you are covered rather than ignoring the law.

 

[Richard_C]

Recorded delivery is a two-edged sword. When I was Head of HR, our company solicitor advised against it. Imagine you are posting a letter to an absent employee who refuses to talk to you (we much preferred talking but some people just won't) , giving 7 days notice of a capability review. If you send it first class you can assume it is received the next day. OK, add a day or two to the 7 days notice from date of posting to be safe. If it's a no show, balance of probabilities is it was delivered and ignored. If you send it recorded delivery and recipient simply refuses to sign for it, you are stuck, all you have is proof of non delivery. In your circumstances I would use first class post, try twice a few days apart, keep a record. The balance of probabilities is in your favour, 2 letters are unlikely to have gone missing.

 

[Blackswanwood]

AsI understand it serving the notice and not getting a response is deemed to be an objection on the part of the neighbour.

Good luck!

 

[johna.clements]

AsI understand it serving the notice and not getting a response is deemed to be an objection on the part of the neighbour.

Good luck!

The OP does not want to do the works in accordance with the party wall act.

The OP may end up having to prove that any damage done to the neigbours property was not caused by his actions. Normally its the other way around but if you fail to carry out the required procedures you could be on the hook. Can it be proved that those cracks inside the neigbours property were not caused by the works.

https://www.casemine.com/judgement/uk/5b46f1fb2c94e0775e7ef527

 

[Jameshow]

Harassing someone because they do not want to engage with you generally does not end up well. They could then argue that the works are only being undertaken as a form of harassment and for no other reason.

A PCSO is not a solicitor. They cannot give legal advice, they have little legal training but can give you the wrong advice if you ask.

Not at all....

Iirc If your property is at risk from someone's actions then the fire brigade have a duty to act. They take hoarding quite seriously these days.

If the client is acting in a odd manner it's quite likely they have mental health issues and some support would make a world of difference to them.

Or they could be a cantankerous old aunt of mine (now deceased) who you wouldn't wish on your worst enemy!

 

[johna.clements]

Not at all....

Iirc If your property is at risk from someone's actions then the fire brigade have a duty to act. They take hoarding quite seriously these days.

If the client is acting in a odd manner it's quite likely they have mental health issues and some support would make a world of difference to them.

Or they could be a cantankerous old aunt of mine (now deceased) who you wouldn't wish on your worst enemy!

There is no evidence that the neigbour who will not answer the door etc is hoarding.

What you are suggesting is harassment based on speculation.

 

[Jameshow]

I only asked the question.....

Nothing more.....

 

[toolsntat]

And yet, I've heard of a neighbour who has removed his skin of a party wall to increase the area of his room/s....
The other side have tried countless times to get it resolved through the relevant authorities and none has succeeded.

Perhaps pretend to start something and see if they stick their elusive head above the parapet.....
Cheers, Andy