Fence problem

I_have_spoken

Oh dear You're really in a pickle now - technically you are in 'dispute' after failing to get agreement on the served notice.

That seems high but not into the 'unreasonable' zone. Can you also use that Surveyor as the 'Agreed Surveyor' - their code of conduct says they should be impartial?

Errata

kellye14 wrote: »

The next door apponined surveyor is charging us £170 per hr + vat!!! Is there anyway we can get them find someone cheaper after they have appointed one?

Not unless you fancy being charged twice.

kellye14

We have hired another party wall surveyor for our side (at much cheaper price) as we used him before and we have a very good relationship with him and he understands we are running out of money etc.

We have suggested next door to use him too but they wanted to hire their own.

can I ask whether they can appoint someone without us approve first?

martinsurrey

kellye14 wrote: »

We have hired another party wall surveyor for our side (at much cheaper price) as we used him before and we have a very good relationship with him and he understands we are running out of money etc.

We have suggested next door to use him too but they wanted to hire their own.

can I ask whether they can appoint someone without us approve first?

yes they can, and if he is appointed there is no way you can sack him, you are stuck with him and his costs.

cyclonebri1

This was on the horizon from the 1st post, hence my initial comments.

You won't get over this 1 op, the neighbour is a right sw*ne, the scales are tipped and the costs are yours.

Ok. So, time to show my ignorance again.
What happens if you simply go ahead and build to the approved plans?
You notify when necessary any "trespass" needed. If what you do is sound and technically legit, there is no breach of the party wall act.

That's a question for discussion rather than a statement of fact

keystone

cyclonebri1 wrote: »

But is it tresspass?
Doesn't the party wall act allow "adequate and substantial foundations" that may underlie the boundary?

Well it certainly could be if:

keystone wrote: »

I find myself wondering if they complied with the Act when they built their extension as well.

is true.

Just applied in my case with the wall, is it different for an extension in some way?

Wall, extension same same. Doesn't apply to fences.

This whole thread just seams like another strike for the vultures that chase party wall cases

Unfortunately thats exactly what could happen in this case. However I'm really not certain how much of a Party Wall Award (and how much work this Surveyor can actually do) can be made now that the work has startedor indeed whether OP can reject any costs from the neighbours surveyor on the grounds that work has alreday commenced. Thats for their Surveyor to advise them and why I recommended yesterday that they appoint one asap. Its possibly salvagable but I really don't know.

Cheers

keystone

martinsurrey wrote: »

yes they can, and if he is appointed there is no way you can sack him, you are stuck with him and his costs.

Actually its yes and no. Yes they can't be sacked but OPs surveyor can object to the neighbours surveyor's costs and negotiate them. If they can't agree then a third surveyor can be introduced to arbitrate. But its all mounting cost.

Cheers

keystone

cyclonebri1 wrote: »

This was on the horizon from the 1st post, hence my initial comments.

Don't be smug! Lets just hope neighbour hasn't appointed VB!

You won't get over this 1 op, the neighbour is a right sw*ne, the scales are tipped and the costs are yours.

Neighbour is, to my mind being vindictive and vexatious.

What happens if you simply go ahead and build to the approved plans?

Neighbour could apply to the Court for an injunction to stop the works. That will be to neighbours cost and it won't be cheap. Thats the point where they come unstuck IMO. Any sensible Judge will see the completely vexatious nature of what is going on and chuck 'em out on their ear..

You notify when necessary any "trespass" needed. If what you do is sound and technically legit, there is no breach of the party wall act.

OP already serve their Party Wall Notice some time ago. Their mistake (to be fair - it probably didn't occur although their PM should have advised them IMO) thus far was not to appoint a PW Surveyor after the expiry of 14 days without consent following service of Notice.

That's a question for discussion rather than a statement of fact

Agreed and I'm of the view that we should stop discussing and speculating now as OP has their own Surveyor now and it is for him/her to give them appropriate advice. An update from time to time would be nice though.

Cheers

keystone

kellye14 wrote: »

We have hired another party wall surveyor for our side (at much cheaper price) as we used him before and we have a very good relationship with him and he understands we are running out of money etc.

Good for you.

We have suggested next door to use him too but they wanted to hire their own.

Why does that not surprise me.

can I ask whether they can appoint someone without us approve first?

Yes they can but I question how much work he can do and charge you for as works are already in progress. Thats for your man to advise you TBH. BTW your man is at liberty to challenge their costs.

I think its time we stopped talking to you on here in case anything said (however well meant) conflicts with advice you are now paying for. Hopefully though we have been able to give you some pointers that you can discuss with him/her.

Updates from time to time would be nice to hear though.

Best of luck with it.

Cheers

kellye14

Thanks so much for the ppl who have answered so far. I am really appreciated for them.

I've mentioned to the next door the surveyor they have appointed is over priced for us and she sent the whole email over to her surveyor!

I also told her there will be delay on the original time quoted and so just to managed their expectations but her respond was if our builders and surveyer are co- operated well then there should be no delay!!! So I have to point it out to her frankly that by not responding us for six weeks and want it one now has already cause us min two weeks delay!

I never seen ppl who are so selfish in my life!

We didn't know we could have appointed a surveyor on their behave and our builders told us if we give enough notice we don't need one. also the next door of my sis also is having their rear extension done and they never serve a notice to my sis. So it seems to me it is optional. Now I regret it! Should have done more research on this.