Is this a party wall or not?

[Nomadic78]

Hi all,

I think I am going to need a good solicitor. Can anyone recommend someone with experience of litigation?

 

[alex.bennett]

If the wall in Zone 2 is entirely on your land, it is a boundary wall, not a party wall. Your neighbor can't claim it's a party wall just for the construction phase and then call it a boundary wall later.

 

[securespark]

What a bleeding palaver.

 

[stevie888]

I've just skimmed back through the whole tale to refresh the grey cells. It seems to me that your PWS doesn't have a Scooby Doo and it may be time to raise a formal cpmplaint with the RICS.

 

[Nomadic78]

He is not RICS certified. He is FPWS. I am drawing up a complaint.

Meanwhile the adjoining RICS surveyor has issued an invoice with one header but asking me to pay another entity. They claim that the firms are related but they are not. It’s a royal mess.

 

[stevie888]

OK I would only pay the invoice straight not to someone else. What is the invoice for: have they reached an agreement that yoiu are happy with?

BUT I wouldn't be paying at all if there is no need for a PWN at all as there is then no requirement for this guy's services in the first place.

I think you might be best served by applying to the RICS to appoint a mediating 3rd surveyor to try to resolve this sorry mess. However it pans out it should be way cheaper and easier then getting tied up with lawyers.

If it then turns out that no PWN is required I would look to your original surveyor to pay for number 3 and number 2 should seek reimbursement from whoever instructed him unnecessarily or number 1.

I'd like to think FRICS would be interested in dubious invoices too.

Good luck.

 

[Nomadic78]

For the served party wall award, the fees are high, but I accept them. But I cannot pay a company that is different from the company I received services from.

What I challenge is the fees where the party wall is disputed. Between the two surveyors I have incurred fees of £2400…

 

[Nomadic78]