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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2456
Experience:  Over 5 years in practice.
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Our new neighbours have ignored the Award by the Party Wall

Customer Question

Our new neighbours have ignored the Award by the Party Wall surveyor by using our dormer wall without our permission to build their dormer.
The Party Wall surveyor insists we have to show him all our paperwork regarding our loft conversion (everything was done legally and with our Council coming to inspect the work). He then might change the original Award and we might get compensation. He has used the word 'might'. He is not answering our emails.
As far as we know, he has not signed off the work.
The builders have not come back to take away the boarding they put up in our chimneys.
The owners have now put the property up for sale.
Submitted: 1 year ago.
Category: Property Law
Expert:  F E Smith replied 1 year ago.

What do you want to know about this?

Why are you reluctant or unwilling to let the surveyor see the paperwork regarding your own loft conversion?

What are you looking to achieve?

Customer: replied 1 year ago.
The new neighbours have been extremely unpleasant (abusive and even trespassing on our property). We soon realised that the Party Wall surveyor was partisan and kept making uncalled for comments about myself and would often be extremely rude about our concerns. We have no problem letting the surveyor see the paperwork except that he says he needs it and then says that it will be ok without it. We don't understand why the proof has to be with us when the new owners did not even inform him that they were changing the plans and using our wall.
We would like the compensation that the PWS told us would be due to us (half the cost of the new wall).
We are also concerned that when the property is sold, there will little we can do to resolve this situation. Unfortunately there are other issues concerning the disappearance of our aerial, the debris in our patio.
Customer: replied 1 year ago.
We have built up a dossier which we are about to send to RICS re the PWS.
Expert:  F E Smith replied 1 year ago.

Is your new wall which they want to use built up to the line of junction or does it straddle the boundary?

If it straddles the boundary, did you serve party wall act notice and get consent for this wall?