Retrospective Party Wall Agreement

Posted on 19 February 2023

A retrospective party wall agreement is a legal document that is used to resolve disputes between two adjoining property owners over a boundary wall or fence. The retrospective agreement is an agreement that is made after the wall or fence has already been built, rather than before it was constructed.

The retrospective party wall agreement is a binding document that sets out the terms and conditions of the agreement between the two property owners. It is important to note that this agreement can only be made if both parties agree to it. When two neighbors are unable to come to an agreement on a party wall, they can bring in a surveyor to make the decision for them.

When a retrospective party wall agreement is made, it is necessary for a surveyor to carry out a survey of the wall or fence to determine the extent of the work that has already been carried out. This is important because it enables the surveyor to determine the ownership of the wall or fence and any repairs or maintenance that may be required.

The retrospective party wall agreement should be prepared by a qualified surveyor who has experience in this area. The surveyor should have a thorough understanding of the legal requirements that need to be met when preparing this type of agreement. It is also important that the surveyor is independent and impartial, so that they can make a fair and unbiased decision.

The retrospective party wall agreement should be signed by both property owners and should be lodged with the local authority. This is important because it ensures that the agreement is legally binding and enforceable. It is also important that both property owners are aware of their responsibilities under the terms of the agreement.

In conclusion, the retrospective party wall agreement is an essential legal document for property owners who are in dispute over a boundary wall or fence. It is important that the agreement is prepared by a qualified surveyor who has experience in this area. The agreement should be signed by both property owners and lodged with the local authority to ensure that it is legally binding and enforceable.

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