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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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what can you tell me about Omerod moot?

Resolved Question:

what can you tell me about Omerod moot?
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer : Hello.
wingrovebuyer : The Ormerod Moot was a surveyors debate held in 2010. A judge expressed a legal opinion, which can be taken as a statement of principle, that a surveyor appointed under the Party Wall Act to act for an affected neighbour could not directly seek payment of his fees from the owner of the building to which the works are proposed. In reality, this does happen, but the judge said the surveyor has no formal right to do this, rather he must seek payment from the affected neighbour, who must then require repayment (under the Act) from the building owner. The principle is basically one that means there is no direct relationship between the owner of the building to which the works are proposed and the surveyor appointed to act for a neighbouring owner. Hope this helps. Best, WB
Customer:

This is great - thanks.

Customer:

I am possibly being sued for not paying an Adjoining Owner's fees. I have offered to pay half of it but don't have any evidence that a final visit was made and another 'inspection' was made without any prior notice given to me as the Building Owner or 'my' surveyor. It was supposed to be urgent but no action was taken as a result and I am contesting the necessity of it.Not knowing the legal strength of a moot - would it be honoured/regarded in a Court of law? I am possibly being sued for not paying an Adjoining Owner's fees. I have offered to pay half of it but don't have any evidence that a final visit was made and another 'inspection' was made without any prior notice given to me as the Building Owner or 'my' surveyor. It was supposed to be urgent but no action was taken as a result and I am contesting the necessity of it.

wingrovebuyer : Thanks. It is the expressed opinion of a judge and so probably does hold some weight. More importantly, his logic makes sense, and so it is likely another judge would follow it. However, it seems perfectly fair for you to dispute the figures and to ask for a full breakdown of the costs incurred. Best, WB
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