party wall fence?

[kids3]

Hello newbie here - i wonder if you can help?

We have in last 18 months completed work on a new build house. Some sections of the adjoining owners wooden boundary fence which were already badly dilapidated and falling apart were inadvertently disposed of by the contractor - thinking that they were rubbish . In the circumstances I agreed to replace the fence without deduction for wear and tear ( the fence was rotten).



Our party wall surveyor (leading city surveyor) incorporated this fence agreement in the party wall award.

I've since been informed that wooden boundary fences do not fall under the scope of the party wall act.

Our party wall surveyor has now remained very mute on the subject. We can't agree with the adjoining owner the specification for the fence and subsequently are being charged fees from all sides for these very protracted fence discussions.... bearing in mind I've already spent £10,000 on the award itself ... (This been going on since 2010).

Am I within my rights to request a third surveyor to set aside the award for the fence finally confirming this should of never been part of the act?

many thanks for any advice

 

[^woody^]

Fences can never be subject to the PWA.

If the surveyor(s) have included this, then demand they redraw the award and also demand an itemised statement from each detailing the time they have spent on this nonsense, and expect them to deduct this from their fees. Don't pay the bill untill this has been deducted and the charges are reasonable

Third surveyors settle disputes between the two surveyors. Are they in dispute?

If you have spent £10k on this, then you are probably being taken for a ride.

As for the fence, under common law you would be responsible for replacing the fence on a like-for-like basis, and with no deduction for wear and tear.

Ignore your two idiot surveyors, and deal with the neighbour directly and agree to replace the fence

 

[kids3]

thanks so much very helpful to me