Month: September 2019

Finding your Building Surveyor or Party Wall Surveyor

Third Surveyor If two surveyors are appointed they must agree a third surveyor who can then be called upon to independently settle the dispute or settle the dispute with either of the two surveyors.  The act and its spirit require that the Third Surveyor is: ·         Competent ·         Non-partisan ·         Honest ·         Ethical ·         Academically… Continue reading Party Wall Third Surveyor – Bruce Spenser MSc MCIOB

Party Wall Security for Expenses Kay v Lawrence – security for expenses – expenses are not compensatory damages whereby the Building Owner must  put an adjoining owner in a position they would have been before the damage occured but a choice to take financial compensation – If the expense is a certainty it can be… Continue reading Party Wall Security for Expenses

Estoppel & Party Walls Estoppel – this is the principle which precludes a person from asserting something contrary to what is implied by a previous action or statement – Frances Holland School v Wassef 2001 – if Surveyors/owners proceed wrongly but proceed none the less they commit themselves to a course which can not be… Continue reading Estoppel & Party Walls

Easements, rights of light etc and the Party Wall Award Easements (support, right to use, weather protection, light, drainage, repair ((servient and dominant)), that old gas flue) and rights of light shall not be interfered with by an award

Satirical advice to aspirant Party Wall Surveyors who are being led astray The young, uneducated and inexperienced can be led astray by those seemingly offering easy routes to degree and Chartered status; Join us they say and you can utilise Chartered and Degree post nominal letters after your name “Anyone can be a Party Wall… Continue reading Satirical advice to aspirant Party Wall Surveyors

Party Wall Third Surveyor Selection – Local Authority Officer Third Surveyor Selection – Local Authority Officer:  If an officer of a council selects a Third Surveyor and they have no jurisdiction so to do that selection is invalid and if the two surveyors proceed they have no jurisdiction. Section 10 (1) (b) of the act… Continue reading Party Wall Third Surveyor Selection – Local Authority Officer

Party Wall Surveyor Negligence Negligence is failing to meet the degree of prudence and caution required of an individual who is under a duty of care (the obvious comparable benchmark is a surveyor registered within the Faculty of Architecture and Surveying of the CIOB or other Chartered Institutes) NEGLIGENCE – EVOLVING CHRONOLOGY HEDLEY BYRNE v HELLER… Continue reading Party Wall Surveyor Negligence

Party Wall Surveyor Consumer Protection from unfair trading Regulations Consumer Protection from unfair trading Regulations protect consumers from traders who fail to meet standards of professional diligence, provide misleading information about themselves, utilise marketing confusion and aggressive practices (possibly the practice known as coffin chasing?)  Local Authority Trading Standards Services (TSS) and the Office of Fair… Continue reading Party Wall Surveyor Consumer Protection from unfair trading Regulations