Category: Party Wall Surveyor

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

Party Wall Surveyor Misrepresentation Misrepresentation is inducing a consumer to enter into a contract by making a statement of fact (not opinion) before a contract is made. There are 3 types, Fraudulent, Negligent and Innocent and the remedies are cancelation of the contract and damages. So if we take the scenario that an owner appoints a… Continue reading Party Wall Surveyor Misrepresenation

Inadequate Party Wall Surveyor A problem with inadequate Party Wall Surveyors  If a complex situation arises, for example defining a dispute with no case law history, a wrongly informed decision could cause major financial, stress and time difficulties to appointing owners.  Two experienced Chartered Construction Professionals with subject degrees can be relied upon to advise and determine… Continue reading Inadequate Party Wall Surveyor

Party Wall Suveyor Qualifications & Post Nominal Suffixes The Privy council regulates Royal Charters for Professional Institutes who can confer Professional memberships designated by suffixes i.e. MCIOB.. These memberships are academically benchmarked to a degree/honour degree and in the case of a Fellow equate to an honour/Master degree. Royal Charters Degree equivalents  The Privy Council… Continue reading Party Wall Suveyor Qualifications