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Original poster

Elderly Neighbour/Party Wall Agreement/I lost it today

59 replies

UndercoverToad · 29/06/2021 13:03

We have been trying to convert our loft for about two years now. We have planning permission, but neighbour would only agree to an Agreed Surveyor if we changed them - which we did.
DP does odd jobs for neighbour and we were on good terms - although I hadn’t brought up conversion for a while due to Covid.
Spoke about it again a couple of weeks ago and neighbour not happy.
Today she came out and asked me to cut back a bush overhanging her garden. I agreed. But - feeling pissed of - I pointed out that her builder (repaired her driveway) had knocked out 2 bricks in our front wall.
I then spoke about the conversion and party wall agreement stating ‘it’s probably a similar process as to when you had your extension done’ - to which she said ‘I’m not going to talk about it - speak to my solicitor (she means surveyor).
I’ve just screwed up haven’t I???

I was trying to keep on good terms but now I think I’ll be paying for two surveyors….

OP posts:

Original poster

UndercoverToad · 29/06/2021 13:18

She watches me go on my school run every day and pounces on me when I return - with a ‘request’.

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Original poster

UndercoverToad · 29/06/2021 13:22

And for two years now (we bought the property with a view to converting) - we’ve been living out of boxes and DS still has to sleep in same room as me and DP. About half the properties on our road have been converted already, and it’s such an easy job. Just this party wall agreement is causing so much grief!!!

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username059471 · 29/06/2021 13:22

Tell her to speak to your solicitor regarding the 'requests'.

SoddingWeddings · 29/06/2021 13:24

If it's a party wall agreement, I thought you had to pay for the legal advice for both sides anyway?

Original poster

UndercoverToad · 29/06/2021 13:24

@username059471 it’s an agreed surveyor/solicitor. Only if we don’t do as she asks - we need to pay for another surveyor - possibly a third.

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Original poster

UndercoverToad · 29/06/2021 13:25

@SoddingWeddings not if both sides agree to use the same surveyor. She can still refuse I think, despite the fact that we’ve changed our plans to suit her.

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Original poster

UndercoverToad · 29/06/2021 13:27

What annoys me is she’s built an extension and didn’t seek planning permission and it would have needed a party wall agreement! It drips onto our property!

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SoddingWeddings · 29/06/2021 13:27

Stop changing your plans, get the surveyors on it and take control back.

She can change her mind all she wants, but you need to get moving at some point and pussy footing around her has bought you two years of delays from what you describe.

Original poster

UndercoverToad · 29/06/2021 13:40

Yep @SoddingWeddings! Thing is - the law states that she gets to choose the surveyor. So she’s chosen a nice pay by hour surveyor and we have no idea of the final fee. It’s like writing an open cheque. And I think she’ll cause as much trouble as possible.

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Sparechange · 29/06/2021 13:53

Why on earth have you been letting her call the shots for 2 years?!

There is a very simple process for party wall issues. If she won’t agree, let the process run it’s course and the appointed surveyor make the award
‘But I don’t want building work going on next door’ is not grounds to stop it so as long as the method statement etc is in order, there is nothing she can do to stop the award being made

In the meantime, stop being such a total pushover and doing her bidding with odd jobs. It’s not endearing you to her!

MrsHuntGeneNotJeremyObviously · 29/06/2021 13:57

Maybe you should start making noises about how her extension overhangs your property and how expensive it might turn out for her if she has to remove it because you object and she has no planning permission.
Or she can stop being a pita and you both get what you want

Original poster

UndercoverToad · 29/06/2021 13:57

@Sparechange pushover to try and prevent having to pay for 2 - potentially 3 surveyors! I think I’ve tried to be nice, and I really don’t care anymore.

I’m writing to the surveyor now and I want to put in something about ‘we think our neighbour will have had experience of party wall agreement when she built her extension’. Thing is I know she didn’t get one, and she didn’t even get planning permission. I just want to make a point!

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Original poster

UndercoverToad · 29/06/2021 14:00

And this bush she’s complaining about is literally a few leaves! I’ve just snipped them off! Her bloody builder knocked out two bricks from our front wall and has thrown them away!! And we can’t match them back.

Might go and stand looking at our front wall with hands on hips after letter. Grrrr.

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Stakhanovite · 29/06/2021 14:02

@MrsHuntGeneNotJeremyObviously

Maybe you should start making noises about how her extension overhangs your property and how expensive it might turn out for her if she has to remove it because you object and she has no planning permission. Or she can stop being a pita and you both get what you want

I like this plan

LunaAndHer3Stars · 29/06/2021 14:03

@MrsHuntGeneNotJeremyObviously

Maybe you should start making noises about how her extension overhangs your property and how expensive it might turn out for her if she has to remove it because you object and she has no planning permission. Or she can stop being a pita and you both get what you want

I was thinking similar. Where I live if you don't get planning permission the council can order your house/extension be removed at your cost. Having a discussion around this issues might help them to compromise and let you get building.

sparechange · 29/06/2021 14:04

[quote UndercoverToad]@Sparechange pushover to try and prevent having to pay for 2 - potentially 3 surveyors! I think I’ve tried to be nice, and I really don’t care anymore.

The process should have been you appointed a surveyor to talk to her surveyor, they did the standard meeting, an award was made, everyone moves on

A loft extension isn't going to give you any change from £40k, so £2k of party wall fees is a drop in the ocean, especially when the alternative is 2 YEARS of stress over it...

Stop trying to make points with surveyors. They don't give a shit what happened with her extension, nor can you guilt her into giving in to you. It's just adding more stress to the situation, and getting you more riled up about the stupidity of the whole situation.

Yes, she is being a total arsehole about it, but she is clearly digging her heels in, so if you want to get one over on her, expedite the process and get the work started, rather than let her dictate your living arrangements for another 2 years

Sonarl · 29/06/2021 14:05

Nobody should agree to an Agreed Surveyor imo. If a Party Wall is needed because a neighbour wants to do some work on their property whcih will benefit them and increase the value of their property, with absolutely no benefit to the neighbours who will experience inconvenience and noise that is nothing to do with them, then they should have an independent surveyor that the other side should pay for. That's the point of the Party Wall agreement, to protect their interests in an independent manner.

Our neighbors tried to get us to agree to an Agreed Surveyor who turned out to be the woman's Dad!

sparechange · 29/06/2021 14:05

If it was permitted development. she won't have needed planning permission, and if it didn't involve a party wall, she won't have needed party wall permission either

Loudestcat14 · 29/06/2021 14:06

Your neighbour can't actually refuse to sign a Party Wall Agreement though – it can go to dispute where there's a process involving your surveyors that needs to be followed but ultimately the work can go ahead regardless.

www.wlbuildingsurveyors.co.uk/2019/08/can-a-party-wall-agreement-be-refused/

Original poster

UndercoverToad · 29/06/2021 14:10

@Sparechange - she indicated that - if we changed our plans, she agree to the agreed surveyor. So that cost us time and money. I’m hoping she won’t now go back on that - she has signed a letter (sort of) indicating ‘yes’ to the agreed surveyor (a year ago) But after she stormed off today - I guess she’ll change her mind?? I’m not sure how binding her signed letter is (and she’d worded it carefully with a ‘get out’ - something about, so long as surveyor acts in her best interests.

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Sonarl · 29/06/2021 14:10

Yes I don't understand why this is taking 2 years? You issue a party wall notice with a suggested agreed Surveyor. She, quite rightly, refuses and it goes to dispute, she then has 2 weeks or 4 weeks depending on the type of agreement needed to appoint her own surveyor, who meets with yours, they do an award, you pay for both and the work happens, you having to repair any damage. Why is this taking so long?

Original poster

UndercoverToad · 29/06/2021 14:12

@Sparechange her extension is bigger than 3m so needs planning permission, and has foundations on our boundary line, next to the wall of our property which needs party wall agreement.

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Original poster

UndercoverToad · 29/06/2021 14:13

@Sonarl - no she sought her own surveyor who we now want as our agreed surveyor so we don’t pay for 2.

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Sonarl · 29/06/2021 14:13

Was it there when you moved in? Did you say anything at the time if not? if not, you are focusing on the wrong thing.

Sonarl · 29/06/2021 14:14

[quote UndercoverToad]@Sonarl - no she sought her own surveyor who we now want as our agreed surveyor so we don’t pay for 2.[/quote]
You can't do that I don't believe and it's a really bad idea having one surveyor acting for both sides. Im surprised her surveyor has agreed to it, it's very unprofessional.

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