What is a Party Wall Agreement?

A party wall agreement is a legal document that individual landowners enter into with their neighbors. These agreements are often helpful in determining when a building was constructed. They are usually signed prior to construction, but they can be entered into years before a building is constructed.

Disadvantages of a party wall agreement

A party wall agreement is an important document that establishes the relationship between two property owners. It can help limit disputes between the owners of two adjacent properties, and in some situations, it can even prevent lawsuits altogether. The agreement is enforceable, and it binds subsequent owners, too. A party wall agreement is a type of covenant that runs with the land, meaning that future owners are bound to meet their obligations. Moreover, this type of agreement gives future buyers the same rights and burdens as the original owners. Regardless of ownership, the rights and burdens are attached to the property, and a party wall agreement can help prevent conflicts.

The benefit of a party wall agreement

The benefit of a party wall agreement is that it prevents expensive litigation. It defines the rules for maintenance and alterations, and it may include regulations for noise. It may also stipulate a waiting period before alterations are permitted. This way, a property owner will not have to worry about a dispute.

Another benefit of a party wall agreement is that it allows the developer to take into consideration the impact of his building work on adjoining properties. The construction of a building can cause major disruption to the neighboring properties. Not only is this potentially damaging for the adjacent property, but it can also incur additional construction costs and professional fees. Therefore, it is important to use this document before starting any construction.

How to serve a party wall agreement

If you're planning to construct or renovate a building that shares a party wall with your neighbors, you need to follow the steps outlined in the Party Wall Act to make sure that all parties are aware of the project. A Party Wall Act notice must be served at least one month before the start of construction or demolition. Depending on the type of work, you may need to give more than one party notice to your neighbors.

It is important to remember that a party wall agreement is a legal document that both parties are legally bound to. It is designed to minimize the chance of future disputes. It can also cover issues such as access to the other unit and repairs. It is vital that the agreement be filed in the real property records of the county, which makes it legally binding.

It is important that you provide your neighbors with the necessary information and architectural drawings. It is also important to note that you can't carry out any work without their written consent. Providing them with the required information and drawings may help you resolve the dispute. It's also a good idea to explain your plans in person to avoid surprises.

Service of documents by hand may be preferred by the owners of adjoining properties. While the Party Wall Act specifies that it must be served personally, this may not be the best option for some neighbors. Serving documents by hand adds a personal touch to the legal process and may even be preferred by those whose relationships with their neighbors are cordial.