Consent to a Party Wall Notice
SHOULD I BE NEIGHBOURLY AND JUST CONSENT TO A PARTY WALL NOTICE?
Sometimes consent to a neighbour’s proposals should not be given!
Alan provided free advice an adjoining owner recently where the building owner (the person doing the work) proposed to build the wall of a new extension up to the boundary and was seeking consent to a party wall notice from the adjoining owner.
BUT the drawings for the new extension showed the gutter overhanging the adjoining owner’s land.
We pointed out that WITHOUT CONSENT THIS WOULD BE A TRESPASS…like the photo
And if consent to the party wall notice was given, this would prevent the adjoining owner building in the future without removing the gutter and adapting the extension – at great cost to the adjoining owner or a subsequent owner of their property. The building owner had said: “The overhanging gutter would be a short term infringement of your space until a side return is built your side”.
The building owner revised their proposals to remove the overhanging gutter and appointed a surveyor who acted as the agreed surveyor.
Problem sorted at no cost to the adjoining owner!
For free advice, contact Alan Riley MFPWS on 07770 928317 or email mail@alanrileyassociates.co.uk
Alan Riley MFPWS – Party Wall Surveyor in Wimbledon