• Drawing Up A Disclaimer For Payment For A Wall

    By Guest on 04th Oct 2016

    My neighbour has asked me to pay half for a wall in his property built to prevent my garden wall falling onto his property and damaging house. I am willing to pay half but he keeps asking when he can have the money which I understand as he has paid it all, I want to write a disclaimer to state if the wall built doesn't stop my wall falling down and damaging his property he said he is willing to sign this but want to know if this would be legally binding

  • 1 Answers

    By Guest on 05/10/2016

    What you talking about here is drawing up a contract. Any contract is usually binding provided it satisfies the following conditions:

    1. There must be a consideration (i.e. each party must give something in return for something else) it isn't clear from what you have written above exactly what you want the contract to achieve but if you are saying that in return for paying half of the cost you want to be relieved of any liability for damage to his property then that is consideration, unless you are already obliged to pay half the cost, for example if you are jointly responsible for maintaining the boundary

    2. There must be an offer and an acceptance. So one of you must offer the deal and the other must accept it. This can be done verbally or by exchanging signed contracts for example.

    3. There must be an intention to create legal relations. So you must both understand that you are entering into a legally binding contract and it must be clear that you intend to do so. This is usually inferred from your actions or any written document you sign.

    4. The contract must comply with any statutory requirements depending on the type of contract - this probably doesn't apply in your case but for example a contract for the sale of land has to satisfy section 2 of the Law of Property (Miscellaneous Provisions) Act 1989

    Your agreement doesn't have to be in writing but it ought to be to help avoid any dispute in future. If it is in writing it should contain all the agreed terms. You should create two identical documents and each of you should sign one copy and exchange them, so you have your neighbour's signed copy and vice versa.

    You should note that the agreement will only bind and benefit the two of you, it will not be binding on future owners of either property though it may be possible to come up with an arrangement that will.

    Entering into a legally binding contract can be dangerous as it can have unforeseen consequences and you are recommended to seek legal advice.

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