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Party Wall - Magistrates Court Injunction - HELP :(

Discussion in 'General Discussion' started by Noto, 14 Sep 2009.

  1. Noto

    Wise Guy

    Joined: 1 Dec 2002

    Posts: 1,892

    has anyone ever gone through the process of a Magistrates Court Injunction to stop a neighbour from doing party wall work. My neighbour has repeatedly ignored my letters regarding getting a surveyor to set up a party wall award, and has actually built half the extension and done the foundations now.

    Do i need solicitors to actually get one or can i represent myself and fill in some forms? any help or a point in the right direction would be much appreciated!!!

    Noto
     
  2. trilobite

    Gangster

    Joined: 26 May 2004

    Posts: 148

    Location: leicester

    County Court not Magistrates Court.
    It sounds like you need to act quickly; the more work they get done the harder it can be to stop it.
    Injunction proceedings are not that simple.

    Go to a solicitor they will issue proceedings straight away, and are not as expensive as you think.
     
  3. teulk

    Wise Guy

    Joined: 30 Apr 2003

    Posts: 2,451

    Location: jarrow

  4. MrMoonX

    PermaBanned

    Joined: 31 Dec 2007

    Posts: 10,035

    just grass them to the council if they had planning permission the council would have written to you for your views, get down their this morning and shop them to the building inspector
     
  5. Beans on toast Dave

    Mobster

    Joined: 27 Mar 2004

    Posts: 4,302

    Location: Telford

    have you spoke to yor council?
     
  6. No1newts

    Capodecina

    Joined: 24 May 2009

    Posts: 20,115

    Location: North East

    Sorry for the ignorance but what is a party wall?
     
  7. Tefal

    Capo Crimine

    Joined: 30 Jun 2007

    Posts: 66,594

    Location: Wales

    Shared wall i think.
     
  8. Belmit

    Man of Honour

    Joined: 7 Nov 2002

    Posts: 7,612

    Location: The Winchester

    Woo! Party wall!
     
  9. antijoke

    Caporegime

    Joined: 28 Jan 2003

    Posts: 38,516

    Location: Stratford-Upon-Avon

    YEAH!! PARTY WALL! WOOOOO!
     
  10. Jingo...

    Mobster

    Joined: 12 Sep 2007

    Posts: 2,669

    Get in touch with your Local Planning Authority, between themselves and Building Control they will able to begin the investigative process and, if necessary, advise and execute actions for the enforcement team.

    If you were unaware of the situation then it is most likely they are carrying out works without planning permission (it is proceedure for all neighbours/local home owners to be informed of all applications via post prior to planning decisions), and something your LPA, and local councillors will certainly be 'interested' in.

    People to also consider speaking to would be your local councillor, parish council and other neighbours/locals who this work may affect; this may seem overkill at this stage but would be both useful and potentially decision swaying if anything went to appeal.

    It all may seem quite daunting to you at this stage, but such situations are a lot more common than one might think ;)
     
  11. Sonea Fifer

    Soldato

    Joined: 13 Dec 2006

    Posts: 6,725

    Location: On the forest moon Endor


    Wiki to the rescue ;)

    Pretty much yeah
     
  12. Ross1234

    Mobster

    Joined: 29 Apr 2007

    Posts: 4,843

    Location: London

    Yeah its a shared wall but can also be a floor or ceiling in a flat.
     
  13. borich_planner

    Wise Guy

    Joined: 16 Feb 2009

    Posts: 1,509

    Party Wall Act is a civil issue and the Council will not be interested (planner working for a Council here)

    Borich
     
  14. Jingo...

    Mobster

    Joined: 12 Sep 2007

    Posts: 2,669

    Although the PWA may be a civil issue, I certainly know that my surrounding LPA's would be 'interested' in works being undertaken without permission (providing that is the case).

    More details on the whole situation would help clarify your options Noto :)
     
  15. jr1104

    Wise Guy

    Joined: 23 Aug 2008

    Posts: 1,550

    I was at a party last night, and I remember a wall. Was that a party wall?
     
  16. Gaygle

    Capodecina

    Joined: 7 Nov 2004

    Posts: 15,104

    Location: East of England

    No, it was a poor attempt at humour.
     
  17. borich_planner

    Wise Guy

    Joined: 16 Feb 2009

    Posts: 1,509

    If your neighbour has not got planning permission then you can inform planning department who will send someone out to investigate.

    Borich
     
  18. jr1104

    Wise Guy

    Joined: 23 Aug 2008

    Posts: 1,550

    :( Owned
     
  19. gillywibble

    Capo Crimine

    Joined: 28 Jun 2007

    Posts: 52,814

    Location: Tamworth, UK

    Shared.
     
  20. alastair

    Associate

    Joined: 5 Mar 2009

    Posts: 45

    Location: Wakefield

    The Party Wall etc Act is seperate from Planning and Building Control. The LA will (in all likleyhood) not take any action on Party Wall matters. The Act has no provision for compensation or redress. Additionally, you have no right to stop your neighbours work.

    However, you have a right to see the work completed to a satisfactory standard (if the Act applies).

    Just because they are building adjacent your propoerty does not automatically trigger the Act. There is very specifc critera in regard to work to the wall, and adjacent excavations. To see if the Act applies, consult a Party Wall Surveyor available through the RICS; or alternativly, search for 'Party Wall Pyramus and Thisbe' to throw up information.

    I suggest talking to your neighbour reasonably. Try and make this work.

    An injunction will halt his work, but they cost a fortune, and if sucessful, only mean your nieghbour must follow the process. Works will proceed pretty much unaltered (provided their design is sound). Additionally, Party Wall injunctions have a nasty habit of costing the Adjoining Owner (you in this case) an awful lot through claims for delay. Don't take out an injuction in the hope it will sort things out, and if you are considering it, find a solicitor from the Technology Courts familiar with the Act.

    As an aside, forget about tresspass unless there is significant transgression or damage; it is a nightmare.

    What I would suggest you do is contact Building Control and Planning to seek copies of your neighbours consents (do this is writting, but also check online).