Party wall help needed

HectorInspector

We have planning permission to extend our house and in the process remove some outbuildings in our side, that are close to the boundary. The neighbours have a building that actually comes over the boundary onto our land and appears to use our building as support. As they are close to the boundary we have been advised to seek advice from a surveyor. She has done a report and served 14days notice on the neighbour. They have dissented and so a pw award has been drawn up. I understand that the neighbour could seek an injunction now, but this would be at their expense. The neighbours have never disputed the outbuilding being taken down and this has always formed part of our plans. They want to protect their property but we have said all along that we will fix any damage that is likely to occur. The buildings are old made of wood and not in great condition. Other than photos is there anything we can do to ensure we are not asked to fix issues we have not caused?
Sorry for the long post!

zaqxsw

I understand that you have appointed a party wall surveyor who has drawn up an award. I am unsure as to whether she acted as the 'agreed surveyor' or whether she got the award in place with your neighbour's surveyor.
The award should seek to ensure you are able to undertake the work whilst also protecting your neighbour's rights / interests.
You are correct that photos are an effective way in documenting the condition of your neighbour's property prior to work commencing. The photos form part of a report known as a 'schedule of condition'. The schedule is ordinarily appended to the award.
If your neighbour were to make an allegation of damage, in the first instance, you can seek to come to an amicable resolution. If however, you are unable to do this, you would need the surveyor(s) to adjudicate and serve a further award. The surveyor should be able to use her knowledge to identify the cause of the damage and determine whether or not it can be attributed to your work. Alternatively, another surveyor can be commissioned to undertake a diagnostic inspection where a report is produced outlining the cause of damage and an appropriate remedy. The party wall surveyor will then award costs. For example, if the neighbour were wrong about the allegation of damage, then the surveyor could make the neighbour pay for the report and associated costs. If the neighbour were correct, then you would be required to pay compensation, or undertake the repair work. You would also absorb the costs associated with the party wall adjudication.

Lastly, I am unsure as to why there is mention of an injunction. This is not very common. As a party wall surveyor myself, I have dealt with around one thousand jobs and only ever come across an injunction on one occasion. I am also unsure as to why the neighbour would seek an injunction.