When it comes to buying or selling a property, it`s important to understand the legal requirements that come with it. One of these requirements is a party wall agreement. But what if the previous owner didn`t have one? Here`s what you need to know.
First, let`s define what a party wall agreement is. A party wall is a wall that separates two properties and is owned by both parties. A party wall agreement is an agreement between the owners of the adjoining properties that outlines their respective rights and obligations relating to the party wall. This agreement is usually required when any work is to be carried out on the party wall, such as repairs, alterations, or extensions.
If the previous owner didn`t have a party wall agreement in place, it doesn`t necessarily mean that you can`t sell the property. However, it may cause some complications. For example, if the new owner wants to carry out work on the party wall, they will need to obtain the agreement from their neighbor before proceeding. This can delay the work and may even result in legal disputes.
So, what can you do if the previous owner didn`t have a party wall agreement in place? First, check with your local authority to see if there are any regulations in place regarding party wall agreements. Some areas may require them by law, while others may not.
If it is required, you will need to speak to your neighbor and try to come to an agreement. This can be done through mediation or by hiring a party wall surveyor. The surveyor will assess the work that needs to be carried out and draft a party wall agreement that both parties can agree on. This agreement will then be legally binding and will ensure that the work is carried out in a safe and respectful manner.
In conclusion, a party wall agreement is an important legal requirement that should not be overlooked when buying or selling a property. If the previous owner didn`t have one, it may cause some complications, but it can be resolved through mediation or the hiring of a party wall surveyor. It`s always best to be proactive and ensure that all legal requirements are met before carrying out any work on a party wall.