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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 9569
Experience:  Dual qualified Solicitor and Attorney
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I am about to close out on a party wall award with a

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I am about to close out on a party wall award with a neighbour but they have asked for a 2nd survey to be carried out (because they have kitchen work being done now) and claim this is to record the condition of the room (again). Can they do this?
JA: Where are you? It matters because laws vary by location.
Customer: London UK
JA: What steps have you taken so far?
Customer: The Party Wall Award is almost completed and surveyors are in place
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Can you explain the background to this matter please - thank you

Customer: replied 14 days ago.
I am about to close out on a party wall award with a neighbour but they have asked for a 2nd survey to be carried out (because they have kitchen work being done now) and claim this is to record the condition of the room (again). Can they do this?The Party Wall Award is almost completed and surveyors are in place; the neighbour has had a survey already.
Customer: replied 14 days ago.
Hello?

I’m afraid the this is beyond the scope of my expertise.  I’m going to opt out of the question thread for another expert to consider.  Please don’t reply because if you do the question returns to my inbox as requiring my attention and it will slowdown any other expert replying to you.  Thank you

Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
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Thank you!
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Customer: replied 13 days ago.
of course I’d like an answer, that is why I signed up to this service.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

They cannot insist on a second a survey no. I trust this assists

Customer: replied 12 days ago.
If the party wall is awarded, they can appeal and take it to county court. Under what grounds would this appeal need to be to be taken to court? Assuming they can’t simple disagree with the party wall.

The grounds of appeal are things like ultra vires i.e. the award went beyond the powers available as a party award. Other issues are things like the validity of the award e.g. Was the surveyor properly appointed? Did the matters set out in the award fall within the surveyor’s jurisdiction?
Was the award served in accordance with the Party Wall etc Act 1996? I trust this assists

Customer: replied 12 days ago.
Ok. So we appointed a surveyor and followed the lawful process. What type of things fall outside of a surveyors jurisdiction?

For example if he issues an award granting authorisation for building works over a boundary line. I trust this assists

Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 9569
Experience: Dual qualified Solicitor and Attorney
Jeremy Aldermartin and other Property Law Specialists are ready to help you
Customer: replied 9 days ago.
Hi Jeremy,The surveyor appointed by the neighbour seems to be in frequent conversation with the neighbour and not our surveyor. The neighbour seems to be making requests around access of a shared alley; scaffolding and a Thames Water build over agreement (which has been completed); furthermore they sat on information that they would be completing work on their kitchen and hence the initial question around his demand for a 2nd survey.
My understand is that these are not party of the Party Wall Award; are these spurious requests?
Relating to spurious requests, what are our rights? What can a solicitor for for us if the neighbour has been making spurious requests to the surveyor? What would we need to produce to prove spurious requests have been made?
Well they can ask questions of the surveyor about the extent of the world so they might not be spurious requests. In any event it’s down to the surveyor to push back on any requests they see outside the scope of the party wall award. I trust this assists