PERILS OF A NEIGHBOURLY AGREEMENT

When works to a property are contemplated, friendly neighbours will sometimes enter into their own private agreements regarding the work, feeling that they do not require the formality of the provisions of the Party Wall Act.  This can sometimes result in unforeseen and unwelcome consequences.  In the celebrated case of Bennett v Harrods Stores Ltd, the neighbouring owners had discussions about the work Harrods intended to carry out and they subsequently reached a private agreement as to what was entailed in the work and how it would be done.  The works included the raising of a party wall between the properties.  When the works were done, there followed disagreement between the neighbours as to what works were originally agreed and what works were actually done.  The protection and mechanisms provided within the Party Wall Act for resolving such issues were not available to the parties because they had overridden the Act and entered into their own private agreement without the aid of party wall surveyors.

FEATURES & DISCUSSION

A POINT IN CASE......

PLANNING ISSUES

PARTY WALL ISSUES