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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am John Van der Beeck M.I.C.E. M.I.Struct.E. Party Wall

Customer Question

I am John Van der Beeck M.I.C.E. M.I.Struct.E.
Party Wall notice issued August 7th 2014 in writing to all the various addresses of adjoining owners
No replies from anyone within 14 days
My Client - the owner of the subject property now wishes to appoint me to act as the "Agreed Party Wall Surveyor" for all of the Owners.
Is there any problem in simply notifying all parties that it is now so and issuing a party wall award accordingly ?
That is the question
John
Submitted: 2 years ago.
Category: Property Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
I am afraid you cannot be the Agreed Surveyor as the neighbours have not agreed to your appointment.
However as they have not responded, a surveyor can be appointed for them and there is nothing saying this person cannot be you. However, you just act independently in drawing up the award.
May I help further?
Customer: replied 2 years ago.

i AM TOLD BY 2 PRACTITIONERS THAT:

1 IT IS THOUGHT (CUSTOM AND PRACTICE ?)NECESSARY TO ISSUE A 10 DAY REMINDER TO THE ADJOINING OWNERS ?

2 ONE CANNOT BE APPOINTED TO ACT FOR THE ADJOINING OWNERS IF YOU ACT FOR THE OWNER ?

I IMAGINE THIS IS SIMPLY TO AVOID SUSPICION/BIAS ?

Expert:  UKSolicitorJA replied 2 years ago.
Under S. 10 (4) of the Party Wall etc Act, a notice may be served requiring the owners to appoint their surveyors, I thought that this notice had already been served? If not, yes, it should be served.
There is nothing stopping you from being the surveyor as long as you act impartially. However, if there fear that they may accuse you of being biased, then a surveyor may be appointed for the owners and you and this other surveyor then appoint a third surveyor who draws up the award.
May I help further?
Customer: replied 2 years ago.

I NOTE S.10(4) AND ALL OF ITS PROVISIONS

HOWEVER THE ADJOINING OWNERS WERE IN FACT OFFERED (IN THE ORIGINAL NOTICE) THAT IF THEY WERE IN DISPUTE THEN .........."WOULD THEY AGREE TO THE APPOINTMENT OF AN "AGREED SURVEYOR ?""

AND THEN GOES ON TO SUGGEST ME AS THE AGREED SURVEYOR

THERE HAS ALSO BEEN MORE THAN 30 DAYS SINCE THAT NOTICE.

DOES THIS COUNT ? AS 10 DAYS NOTICE - BECAUSE THE OFFER IS OPEN AND NOT WITHDRAWN AND THEY HAVE NOT RESPPONDED EVEN UP TO NOW

Expert:  UKSolicitorJA replied 2 years ago.
It may be that the owners are not bothered if they have not responded until now.
You may continue as the surveyor provided you aft impartially but I would say you are not the agreed surveyor as they have not expressly agreed to you being the surveyor. We are simply proceeding due to their failure to respond.
In any event, they may go to court to appeal against your award within 14 days if they wish to.
Hope this clarifies. Please leave feedback
UKSolicitorJA and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

IF A FURTHER 10 DAYS NOTICE WERE GIVEN TO THE ADJOINING OWNERS FOR EACH TO APPOINT THEIR OWN SURVEYOR(S) WOULD THAT MAKE THE ISSUING OF AN AWARD ANY MORE SECURE (UNCHALLENGEABLE) ?

Expert:  UKSolicitorJA replied 2 years ago.
It may or it may not.

It all depends on the award made and what the rest feel about it.

All the best
Customer: replied 2 years ago.

I SHOULD OF COURSE HAVE SPECIFIED "IN THE EVENT OF NO RESPONSE TO THE FURTHER10 DAY NOTICE " - WOULD THAT RENDER THE MAKING OF AN AWARD MORE VALID THAN THE ORIGINAL NOTICE CONTAINING THE OFFER OF AN AGREED SURVEYOR ?

Expert:  UKSolicitorJA replied 2 years ago.
Yes,that would have held more weight.

All the best

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