Party Wall Agreement when neighbour died and house on Probate

[rarpal]

I have just drawn up plans for a single story rear extension on my 3 bed semi. Sadly my neighbour died recently and I have learned that the property is on probate. In the mean time I have served a "line of junction notice - new wall astride the boundary" using the example letter 4 available from the Ministry of Housing, Communities & Local Government website. Since I don't know who the new owner is I addressed it to the "Home Owner" and handed it to the deceased sister-in-law, who will be sending it to the next of kin. Under the present situation, I would not expect to get any response to this any time soon. The notice that I served states that in the event of "No Consent", (and as per my plans) I will build the new wall wholly on my land and up to the boundary line after the notice period for a response has lapsed. I do intend to appoint a Party Wall Surveyor for this, but before I do that I wanted to ask the question here, to try and get some information as to when I can expect to start the work.
 

So my question is, after I have appointed the surveyor, can I start the work ? or will I have to wait till the property ownership gets resolved either through the sale of the property or inheritance by a next of kin or by some other means ?

 

Any advice and information would be most appreciated. 

[Olf]

22 hours ago, rarpal said:

The notice that I served states that in the event of "No Consent", (and as per my plans) I will build the new wall wholly on my land and up to the boundary line after the notice period for a response has lapsed

If you served it more than 14 days ago, then you are already 'in dispute' and appointment of a party wall surveyor is necessary. The only issue now is whether the other party (whomever it could be, as the surveyor is supposed to be independent) would be happy to use him/her as a jointly appoined one, or have their own surveyor. Also as the surveyour will be doing schedule of condition, access to the property would be necessary.

Also as you're building an extension I assume it's got some foundations that require excavation - in this case I don't think form 4 is/was sufficient.

 

It is a tricky situation - have you talked to some party wall surveyors what's their advice in case of being appointed for such job?

 

[Adsibob]

On 16/03/2021 at 19:50, rarpal said:

Since I don't know who the new owner is I addressed it to the "Home Owner" and handed it to the deceased sister-in-law, who will be sending it to the next of kin.

I had thought this wouldn't be valid service under the Party Wall Act as I thought best practice was to look up the owner on the land registry and address all notices to that owner, it not mattering if they are dead, as the probate process will sort that out. But to my surprise, you are right that this complies with section 15(2)(a) of the Party Wall Act: https://www.legislation.gov.uk/ukpga/1996/40/section/15

 

[Temp]

On 16/03/2021 at 19:50, rarpal said:

So my question is, after I have appointed the surveyor, can I start the work ? or will I have to wait till the property ownership gets resolved either through the sale of the property or inheritance by a next of kin or by some other means ?

 

The problem is the executors are obliged to look after the interests of the beneficiaries. If the executors are family members they might co-operate with you and agree to share a Party Wall Surveyor. If the executors are a solicitor or some other professional they might feel the need to insist you pay for a second independent surveyor to represent the beneficiaries. 

[Temp]

On 16/03/2021 at 19:50, rarpal said:

in the event of "No Consent", (and as per my plans) I will build the new wall wholly on my land and up to the boundary line

 

Remembering that nothing must overhang including the eaves/gutters.