Ask a Law Question, Get an Answer ASAP!
I have seen nothing in writing from her surveyor. We just had the unannounced visit. Should I ask to see one?
Ok - you need to get an expert surveyors report
This will tell you where the problem is coming from
If the issue is caused by your property then sadly you have to put it right
If the issue is caused by the neighbours property then they have to put it right
But before any Court process can get going an expert report is needed
Even if it went to Court a Judge will want to see a surveyors report
Otherwise the Judge can not decide what to do or who is wrong
If I can suggest getting a survey done which should clarify what the problem is, where it is coming from and what can be done to sort it
Can I clarify anything for you about this today please?
Thank you Alex, That's very helpful. Just one more question to clarify things. Am I correct to assume that we will need to organise (and pay for) the expert report? (and not ask the neighbour to do it).
Hello Alex, Thank you for your response last night. Now that we've had a chance try and think about things more objectively, these seem to be our options:
First try and establish whether or not our neighbour does have a written surveyors report - we don't know yet.
If she does, then we have the option of having our expert survey as you suggested, which would be our call in terms of cost I think.
If she doesn't have a written survey we could have an expert survey done to establish fault and aim to share the cost of the report. I do feel this is a little unfair on us as we are not the ones making the complaint. But hey ho - it might be a bit of an olive branch.
That is correct.
We could of course do nothing! If there is no written report with evidence of fault (at the moment there is just opinion, not factual evidence) and the fact that a court process requires an expert report before proceeding, then we could refuse to cooperate until our neighbour can prove, with appropriate documentation, that the fault is ours.
Yes but they could still issue proceedings and the Court would order a report.
Best to save that and get the report now so you can see where you stand
Can I clarify anything else for you?
Of course you are right Alex. It's been such a horrible time with our neighbour, that I'm personally feeling rather bloody minded!
Well, I think we're done here. Thanks you so much for your help. Considering you're working all hours over the weekend, I'll be rating you highly!