Next door neighbour - advice?

Thank goodness I live in Scotland, a Party Wall free zone, weee! superb!

One thought is to ask your neighbour if he wants to run with this Ambulance chaser he needs to contact them and agree to have this firm come around at his [the non-party wall neighbour] cost to undertake a complete and full "Dilapidation Survey" complete with digital images of all and any cracks, plus digitally recorded images of crack width, no matter how small anywhere on the outside or inside of the [non Party Wall] neighbours property. following which you will need to be shown all of these Potential Defects that will bring his house crashing down about him when the first building operative places a spade in the ground?

At the same time once again inform the non party wall neighbour that there is a Party Wall Surveyor involved and if the neighbour wants, you can ask your P/W Surveyor to go over the Dilapidation Report that your neighbour may wish to commission ? sting in the tail ask the neighbour to fund your party Wall Surveyor for his time?

That way all parties are covered, as I understand it your expensive P/W Surveyor is looking after the boundary or wall, whatever, between you and the immediately adjacent neighbour whose property may be damaged by your builders activity. if your Non-Party Wall neighbour wants to shall we say join the feeding frenzy, the neighbour should fund such an activity, after all you are funding the party Wall surveyor between you and the party wall affected neighbour, it is only correct that the non Party Wall Neighbour dip his hand in his pocket for a full complete Dilapidation Survey and verification by your P/W Surveyor?

What does everyone think?

The rational is that, you have a legally binding contract between you, the P/W Surveyor and the neighbour who may be affected by your about to commence works.

The non-Party Wall neighbour will have to enter into a "Contract" with the Ambulance Chaser to get his so called "Professional advices" and then the same neighbour will have to have a totally separate "Contract" with your P/W Surveyor for the work as noted above, why, because the P/W Surveyor will have to be instructed to undertake work, of whatever form in the Neighbours Property, look at it rationally, you cannot instruct your P/W Surveyor to survey a property that you do not own or are in any way whatsoever responsible for.

If something does happen to the non party wall neighbours property and that owner has not entered into a binding contract with your P/W Surveyor any information given will not be owned by or be the legally binding property of the neighbour

Ken.
 
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What does everyone think?

Nothing is needed. The PW Act offers no more protection than already exists in common law.

If a person causes damage to adjacent property due to negligence, whether it's from building an extension or washing his windows, then he is responsible. If a neighbour discovers damage related to the extension build, then his claim will follow exactly the same procedure whether the PW Act was followed or not.

It's possible to follow the act, serve notice, and the adjoining owner to just agree and no surveyors get involved at all. There we go, the act has been followed, but nothing else is done or needed. Where is the extra protection, what was the point? No-one has given up any rights and the building owner is still responsible for any damage he causes.

It's only useful for access to neighbours land to do the work easier.
 

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