The clients reside in a residential property located in East London, which was originally part of a larger plot they previously owned and later subdivided. Their property adjoins a neighbouring house formerly owned by two sisters. In 2012, the clients constructed an enclosed staircase on the shared boundary wall without a formal party wall agreement, though they obtained signed consent on plans from the previous owners. The clients became concerned about rumours that a developer may purchase the neighbouring property and demolish the house, potentially affecting the wall adjoining their staircase. They sought advice on the validity of their historical agreement and the legal protection of their structure.
The clients were unsure whether their staircase was legally protected and whether the informal consents they received were sufficient. They also expressed concern that a future purchaser might attempt to remove or alter the wall without following the proper party wall procedures. In a follow-up consultation, they reported that a neighbour had claimed the wall must be demolished due to a crack and had made personal threats, raising fears that works might be undertaken without compliance with the Party Wall Act 1996.
Samuel Okoronkwo Jr. advised that the wall in question qualifies as a party wall under the Party Wall Act 1996. Although the original agreement lacked formality, the documented consents and the fact that the works were completed over a decade ago provide strong legal protection. Any claims should have been brought within six years, and limitation principles now shield the clients from retrospective challenges.
Samuel Jr. explained that any future works to the wall by a new owner must follow the statutory party wall procedure, including formal notice and the appointment of surveyors. He offered to write to the neighbour to remind them of their legal obligations and suggested jointly appointing a surveyor to assess the crack and determine the appropriate course of action. The clients welcomed this approach and requested a quote for the letter.
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