We have a short 60 second video on this case!
Welter v McKeeve 2018, provides all-important commentary on the conduct of a Party Wall Surveyor and their need to act impartially.
The case saw a building owner undertaking a basement conversion and making use of the adjoining owner’s basement wall that had been built prior.
Dispute arose on the quantum of the making use payable by the building owner to the adjoining owner, and in due course the matter was referred to the third surveyor, who determined the dispute by way of a Party Wall Award.
This Award was appealed, and in providing his judgement, the judge specifically confirmed that party wall surveyors must act impartially and professionally. Furthermore, they are not an agent of, or a mouthpiece, for the owner who appointed them.
This is one of the few occasions where the courts have provided clarity on the much debated and often disputed question as to whether Party Wall Surveyors need to act in an impartial manner.
The answer is an astounding, yes!
