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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Please can you advise I live in a small Victorian Terrace. My

Customer Question

Please can you advise
I live in a small Victorian Terrace.
My neighbours told me on Friday last that I should move out on Monday this week because they are removing a chimney brest right through the full height of their property.
The chimney brest is on our party wall.
I rang my surveyor on Saturday morning. He advised that I type up his advise re The Property etc Act and put it on their front door for the builders. The owners have gone away during the works.
My question is .... given that all this is to improve their property and I have to move out and rent somewhere for a week.. Am I responsible for the surveyor's bill that they recommend. The neighbours say I am.
Thank you
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I confirm if the neighour has servedon you a party wall notice please? I assume not from what you say?

Has the work commenced? If so how far along is it?
Customer: replied 2 years ago.

Not sure what a servedom on my property is .... but since the buliders arrived without paperwork or any communication from me ... I had been away the previous week an was told verbally by the neighbours on Friday evening that work would be starting on Monday last.

The work did not go ahead after they had read my notice of the party wall etc act

I am advised that they must give me 8 weeks notice and receive written agreement form me that the work can go ahead.

I cannot agree surely, until a surveyor agrees that the work will not structurally damage my home or/

until I have sorted my life out/accomodation to leave my home for a week during the very noisy work

Expert:  Joshua replied 2 years ago.
Sorry it is a typo. There is a missing space. It should read "served on you..."

Thank you for the above. Finally have you incurred any costs of a surveyor to date or is it possible future surveyors costs you are concerned not to incur?
Customer: replied 2 years ago.

My surveyor is concerned re a civic case and not sure who should pay ... says I should get advise, which I hope to have from you please. So far my surveyor has not carried out any visual work, just verbal advice on the phone. So far, I have not incurred costs to my knowledge.

The neighbours have suggested a surveyor I should use.

The costs to me for this surveyor is my concern

Expert:  Joshua replied 2 years ago.
thank you. Your information is correct that because your neighbours intend to carry out work that affects your shared party wall, they must first serve upon you a party will notice and obtain your consent in order to carry out the works. If you do not actively consent to the work, then they must appoint either a joint surveyor to act for both of you or if you refuse to accept a joint survey, individual surveyors to act for each of you.

In either case, the neighbours are responsible for the surveyors costs under the provisions of the party Wall act. The neighbours are incorrect to suggest that you would be responsible for surveyors costs. the surveyors will then prepare a party wall award taking into account any concerns you have and any issues they identify in relation to the work upon your property and that party wall award will govern the manner in which works are carried out.

If the neighbours commence any work without obtaining your consent or in default of which without a party wall award, then you can apply for an injunction and costs in the County Court ordering that all work ceases until they comply with the above requirements.

if you find it necessary to apply for an injunction, you can do so using form N16A
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=402

Can I help you with anything else or has the above answered your questions satisfactorily?
Customer: replied 2 years ago.

Thank you Joshua.

Before I sign off ........ because I am very concerned about the neighbour's attitude ......... they tell me they have bought to sell ... so no polite loyalty to neighbours and issue.

am I right to understand that if I use their surveyor, rather than appoint my own .......... they are responsible for all the costs.

Verbally they deny this.

Technophobe here too .... a Granny at that! ..... how do I print your answer off please to deliver to the neighbours?

Thank you

Expert:  Joshua replied 2 years ago.
You are correct that they must paythe costs of a party wall surveyor. You can either agree a joing surveyor or you can insist on having your own. In either case they must pay the costs. the only circumstances in which you could be liable for costs as if you can demonstrate to have been wholly unreasonable so as to have unnecessarily increased costs; in the circumstances, the surveyor can determine that you are responsible for some of the costs incurred but this would be relatively exceptional and would normally require you to be wholly unreasonable in order for it to be an issue.

Does the above answer all your questions or is there anything I can clarify or help you with any further?
Customer: replied 2 years ago.

Many thanks Joshua.

I will print this off and forward to my surveyor because I understand that the neighbours are liable to pay him in full

Expert:  Joshua replied 2 years ago.
A pleasure. I hope it resolves itslef to your satisfaction
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Many thanks Joshua. That all seems clear.

I have sent your rating

Best wishes and out into the sunshine

Joan

Expert:  Joshua replied 2 years ago.
Many thanks. I am jealously looking out of the window!
Customer: replied 2 years ago.

Ah bless. Joys of being a Granny ........ abeit broke and scared of neighbours!

Hope you have a lovely sunny evening ... or lunch in the sunshine.

Very many thanks Joshua.

Grandchildren are much more fun than the law ... less helpful maybe!

very best wishes

Joan

Expert:  Joshua replied 2 years ago.
Best wishes

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