Speak to a Surveyor

Interested in our Services?

Home » Blog » No Dispute, No Award

No Dispute, No Award

Share

We also have a short informative video on this case!

Evans v Paterson 2021, provides all important key commentary on how party wall surveyors have to handle disputes and communication, with their appointing owners.

The case arose when an adjoining owner suffered damage to their property, as a result of a building owner’s works.

In regularising the damage claim, the party wall surveyors agreed a party wall award which reimbursed the adjoining owner, for the costs of the property damage. They also awarded their fees for handling the damage claim against the building owner.  

Upon receipt of this, the building owner appealed the award via the court, on the grounds that they had not been made aware of the damage claim.

The judge validated the appeal, as the adjoining owner and the surveyors, had not informed the building owner of the claim, nor the dispute.

This meant that the building owner hadn’t been given the opportunity to resolve this directly with the adjoining owner and avoid the expense of surveyor fees.

This case sets a clear benchmark, that party wall surveyors can only resolve matters that are in dispute amongst the owners.

It also cements the requirement, for surveyors to keep their appointing owners well abreast of matters, throughout the procedures.

What Is a Party Fence Wall?

What Is a Party Fence Wall?

A party fence wall is defined by Section 20 of the Party Wall etc. Act 1996, which deals with interpretation, as follows: “Party fence wall” means a wall (not being part of a building) which stands on land belonging to different owners and is used or constructed to be...

read more
Party Wall Sound Insulation

Party Wall Sound Insulation

If you live in a flat, a terraced house, or a semi-detached home, chances are you're well accustomed to sound transmission from one property to another. A question we’re being asked more frequently is: Does the Party Wall etc. Act 1996 allow an Adjoining Owner (the...

read more