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My property is grade 2 listed and is a Conservation Area. It

 

Customer Question

My property is grade 2 listed and is a Conservation Area. It is 400 years old as are the boundary walls. The property next door is 50 years old, is not listed but has the required planning approvals to demolish and re-build.
My property is at risk of damage from the movement of men, machinery and materials just a few feet away from my property. The property next door is on higher ground and ground movement and vibration could impact on the structure of my property and walls.
The building owner does not engage and is not interested in my concerns. Yesterday, I received demolition notice and there has been no recognition by the building owner of the Party Wall Act. I contacted the Council and their Building Surveyor has suspended demolition for a while until more information is provided by the Building Owner. What is the best route forward please to ensure that my property and boundary walls are safeguarded and the PWA is observed by the building owner?

 

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Province/Country relating to question : England

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Submitted: 244 days and 11 hours ago.
Category: UK Property Law
Value: £36
Status: CLOSED

Accepted Answer

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Expert:  UK-Justice replied 244 days and 11 hours ago.

Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

If you suspect it will go ahead then you need to seek an injunction to stop it from doing so.

For this you would need to see a Solicitor to draft an application and present your argument in Court.

If granted and once served, the owner could be sent to prison if he attempts any work prohibited by the order.

Therefore if your home is at risk then you should seek an injunction.

The injunction can also be conditional upon the neighbour complying with the requirements of the Party Wall Act.

But an injunction in the interim to prevent loss or damage to your property should be the first step.

Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further

Expert TypeBarrister
Category: UK Property Law
Pos. Feedback: 96.2 %
Accepts: 2985
Answered: 8/18/2012

Experience: Called to the Bar in 2007

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Expert:  UK-Justice replied 241 days and 2 hours ago.

I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

 
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