Party wall notice served with unclear wording

nomadicrebel

Hi all. I am having an issue with my surveyor. He served a notice to one of the adjoining owners with the text of: Should the existing flank wall/boundary wall be a party wall / party fence wall. This has caused all sorts of issues. 

Surely as part of due diligence, this should have been cleared up before serving the notice?  Understand people such as Rdwill have had encounters before?

stevenway

Steve the party wall surveyor here - that's hopeless, either the wall is party or its not and, if it is its either a party wall (between buildings) or a partyfence wall (garden wall). It should not be that hard to determine I would say the notice cannot be valid as served and the surveyor will need to be precie as to what wall it is and then what sections of the Act are being engaged.

nomadicrebel

Thank you. I agree. I've gone via previous OS maps, deeds, you name it. I have come to the same conclusion. My wall does not have anything attached to it from the neighbour as it extends 4 metres beyond his. You can't even see the condition of the wall as it is covered in ivy!