Is it worth appealing this party wall award?

[m.333]

The surveyors attached the drawings from the neighbour in the award which suits his own interests which shows a boundary line running throughout my garden and this is despite the previous drawings showing the line of junction runs through the exterior garden wall.

These are the different drawings, they attached the contradictory drawings showing a boundary line running through my property (the top house is mine)

Drawings 2 – Google Drive

drive.google.com

Do I appeal it? The surveyors were both assisting my neighbor who served the notice, they accepted his new drawings to suit his interests.

I believe this will prevent me from claiming compensation from damage to the wall and parts of my property and it shows it on my neighbours land for the purposes of the Award.

I have evidence showing one of the party wall surveyors saying "those f*kers* (comment directed at me) and laughing with the neighbour and both surveyors towards the end of the site visit discussing to eachother saying they didnt know where the line of junction is, but then they attached the drawings to suit the neighbours interests and on e-mail they try to justify the drawings.

Should I appeal it and argue the drawings were unfairly attached because the surveyors didn't know and just accepted whatever drawings he commissioned and one of them is evidenced swearing or do I just pursue a common law claim?

 

[noseall]

The surveyors attached the drawings from the neighbour in the award which suits his own interests which shows a boundary line running throughout my garden and this is despite the previous drawings showing the line of junction runs through the exterior garden wall.

These are the different drawings, they attached the contradictory drawings showing a boundary line running through my property (the top house is mine)

Drawings 2 – Google Drive

drive.google.com

Do I appeal it? The surveyors were both assisting my neighbor who served the notice, they accepted his new drawings to suit his interests.

I believe this will prevent me from claiming compensation from damage to the wall and parts of my property and it shows it on my neighbours land for the purposes of the Award.

I have evidence showing one of the party wall surveyors saying "those f*kers* (comment directed at me) and laughing with the neighbour and both surveyors towards the end of the site visit discussing to eachother saying they didnt know where the line of junction is, but then they attached the drawings to suit the neighbours interests and on e-mail they try to justify the drawings.

Should I appeal it and argue the drawings were unfairly attached because the surveyors didn't know and just accepted whatever drawings he commissioned and one of them is evidenced swearing or do I just pursue a common law claim?

What's your beef exactly? I'm not aware that them swearing is grounds for your complaint.

The proposed foundations look as though it will mean removing the (soon to be pointless) bit of wall and pillar, as it will likely fall down in any case and will serve little purpose once the extension is built.

How are they dealing with the roof overhang and encroachment? Parapet wall?

 

[stevie888]

I'm confused here.

The normal procedure is that the person doing the work serves a notice on those neighbours who are affected and those neighbours give their formal consent. This doesn't in fact need to involve Party Wall Surveyors at all and indeed over the last 20+ years 90% of my jobs haven't.

Some people do decide to employ a PWS, and this was always my recomendation if the neighbours were likely to be awkward. You as the neighbour don't need to accept it if there are issues and you can then employ your own surveyor (AT THE COST OF THE PERSON PROPOSING THE WORK) to look our for your interests. So how come there are 2 surveyors involved: is one yours? It doesn't sound like it.

What are wanting to appeal if you haven't agreed to anything?

 

[wessex101]

You do not make it clear whether the amended drawings are actually incorrect. It is not unusual for the drawings to be amended during the preparation of the award to reflect changes or corrections of errors.
The original drawing shows a step in the flank wall of your existing extension and the revised drawings shows the wall flush - so which is it? How about a photo?

 

[^woody^]

Is this a continuation of the other vague PW thread but under a new member name?

You can't appeal an award in the normal sense. You have to apply to the court for modification or canceling of the award based on points of law, not that you just don't like the decision.

It's expensive and hard to prove and not a DIY option

 

[johnny2007]

If I understand correctly, they're claiming that your extension is on the boundary line and the small wall in your neighbour's garden ATM.
If this incorrect, it has nothing to do with party wall, it's a boundary dispute.
Do you have any evidence of the correct boundary line?
In a semi detached or terraced, you can usually find the position of the internal party wall and mark it on the outside wall, so to determine where the boundary line should naturally fall.
If mirror properties, just count bricks between upstairs windows and middle line will be the boundary.