PARTY WALL ACT 1996 & BOUNDARY DISPUTES

Party Wall Surveyor

 

Boundary Disputes

 

Condition Reports

Stone Wall
Brick Wall

Party Wall Surveyor

A recurring problem in the course property refurbishment and development relates to  party or boundary walls.  The Party Wall etc. Act 1996 provides a statuary framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.

Andrews Allen Associates have a particular expertise in advising on all matters involving party and boundary walls and structures. We are regularly instructed to provide advice on the scope of works governed by the Party Wall Act.

Using an empathetic approach to sometimes difficult situations, Andrews Allen Associates have the experience and skill to prepare PW awards that meet the needs to safeguard all parties.

Fraser Andrews is happy to act as the agreed single surveyor or as a second or third surveyor.

 

Boundary Disputes

Because of the complex nature of land records, and the absence of precise boundaries on most title deeds, a chartered surveyor is often required to help solve disputes. Fraser Andrews will pursue several lines of enquiry, including investigating historical documents, physical features of the land and all the available legal documents and then be able to compile technical evidence to prove who owns the land. Usually this will solve the dispute, but if both parties still disagree then Fraser Andrews will act as an expert witness in court, providing technical evidence and advice required for the court to make a decision.

White Fence
 
Luxury Flats

Condition Reports

The aim of the schedule of condition is to provide a thorough and accurate view of the condition of the neighbour’s property prior to the commencement of the building works. It makes life much easier at the end of the construction phase to determine whether any damage has occurred during the construction phase.

The condition survey will help determine whether the development works have caused said damage or whether the damage was pre-existing.

In our professional opinion, Owners are well advised to request a schedule of condition if they are minded to consent to the works. The cost for a standalone report is typically paid for by the Owner who wishes to undertake the works.

By having a Schedule of Condition report carried out you are reducing the likelihood of a dispute with your neighbour over damage either during or following their build programme. It provides benefits to both parties with the Adjoining Owner being able to demonstrate that damage has been caused since the start of the building works but also protecting the Building Owner to ensure that they are not obliged to pay for damage which was pre-existing and is therefore not of their doing.