PARTY WALL SURVEYING AND BOUNDARY DISPUTES

I am a professional Party Wall Act practitioner and accredited member of the Faculty of Party Wall Surveyors, as well as a member of the Pyramus & Thisbe Club, which seeks to advance knowledge of party wall legislation and procedure and to promote best professional practice in its application. I am able to provide the requisite advice to building and adjoining owners in relation to the lawfulness of proposed, ongoing or completed works. I also have a track-record of investigating and advising on boundary disputes and can bring an objective viewpoint from an in-depth investigation and assessment of the boundary.

The Party Wall Act

The Party Wall Act exists to provide a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings. A building owner proposing to start work covered by the Act must give adjoining owners notice of their intentions in the way prescribed in the Act. Adjoining owners can consent or dissent with what is proposed. Where they dissent, the Act provides a mechanism for resolving disputes. The Act is separate from obtaining planning permission or building regulations approval.

Generally, the Party Wall Act should be considered if any of the following categories of works are being undertaken and there are adjoining or neighbouring properties in close proximity to the proposals:

• Build on or at the boundary of your two properties

• Work on an existing party wall or party structure

• Dig below and near to the foundation level of your neighbour’s property

Party Wall Notices & Awards

If you receive a Party Wall notification from a neighbour, I can survey your property prior to works commencing to note the pre-existing condition, so that in the event of any damage caused, it will be dealt with quickly and easily. You are within your full rights to appoint your own independent surveyor, solely at the cost of your neighbour.

If works have been commenced without a Party Wall notice having been served, I can carry out an assessment to confirm if the works are notifiable and (and if amicable requests to stop work are ignored) recommend if a court injunction should be sought to stop the works.

I can then draft and serve a legally binding document, called an Award, which illustrates your right in relation to the works. An Award includes how the work is to be carried out, details who is responsible for the costs of the works and any additional fees and how issues and damage should be dealt with.

Boundary Disputes

Boundary disputes are caused when two parties both believe they have the right to a piece of land. Quite often this is the result of misinterpretation of the deeds, conveyances, land registry, and title plans for their properties. Alternatively, the existing boundary features may have been removed, moved or perished.

Boundary disputes can cause immense animosity and stress to homeowners, can escalate quickly and can affect the value of a property if put on the market for sale. Therefore, is advisable to try and seek resolution as quickly as possible.

I am experienced in handling all types of boundary disputes and can act quickly to protect your interests. I can draft an accurate plan the position of the "paper title boundary" (the boundary described in the deed), and to support that interpretation with an expert report and with oral evidence given in court.

I can offer early neutral evaluation of the technical issues in a boundary dispute to encourage the parties to jointly commission the evaluation so that the dispute starts on a level playing field of shared knowledge and an impartial assessment.

How I Can Help

I have an in-depth understanding of Party Wall and boundary demarcation and disputes. For party Wall Awards, I can act as an impartial surveyor ensuring all the necessary structural design and drawing information is in place and a pre-work condition survey has been done. For boundary disputes I can help interpret Land Registry title plans, can check the accuracy of Ordnance Survey maps, transfer plans and conveyance plans, and reconcile conveyance dimensions with accurate survey.