Recovering fees from the Magistartes Court
Philip’s latest paper on the Party Wall Act addresses the concerns and difficulties in obtaining payment through the magistartes court. This is available to those interested parties from our donwload page http://apaproperty.com/downloads/publications
LEADING SURVEYOR REDEFINES THE PARTY WALL ACT
LEADING SURVEYOR REDEFINES THE PARTY WALL ACT
In October 2010 one of my clients received notices for excavation works under s.6(1) of the Act. The notices having been prepared and served by a leading London party wall surveying practice. Dissent occurred and I was appointed by the adjoining owners, who happened to be one of approximately 26 other adjoining owners. This was a large party wall project. The notices and drawings were subsequently forwarded to me which showed various details of the proposed works. However none of the drawings were to scale and had in fact been reduced down in size by photocopying onto A3 paper. The only drawing that had any adequate information in relation to the foundations under s.6(6) of the Act was a section through a piled foundation indicating that it was 1.5m from the adjoining owners property.
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Party Wall Surveyor Negligence s.12(1)
Party Wall Surveyor Negligence
The circumstances surrounding this case are quite straightforward and relate to a development in the North of England.
- Building owners (BO) (company A) served notice under s.6(1) of the Act on an adjoining owner (a residential property).
Surveyor returns fees and creates a dispute under the Party Wall etc. Act 1996
I was appointed by the BO and served s6(1) notice, 14 days passed no response Later that same day I recieved a call from a surveyor saying that he had been appointed by the AO and an email with his letter of appointment we agreed the selection of the TS over the next few days.
I received a call form the BO sadly advising that his wife had been diagnosed with cancer and for obvious reasons did not want to proceed.
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