Party wall problems Solicitor or Party wall surveyor

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    Party wall problems Solicitor or Party wall surveyor

    rental property, next door have built a dormer (don't know when) no planning, building regs or partie wall notice..its leaking causing water into my property-written to owner/agent who are just ignoring me, tenants want compo...shall I go to Solicitor or Party wall guy or both ?.

    #2
    I would instruct Solicitor in first instance, Surveyors in my experience are not solution lead.

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      #3
      If you are able to identify the source of the leak and what is required to repair it, then a solciotr can approach the owner and require that they repair it. Its not strictly a party wall matter just a simple case of tort of one neighbours action affecting another.

      The tenant wants compensation however if you acted quickly it is inevitable that from time to time issues like this happen and depending on the extent of damage and best they can expect a rent adjustment to reflect the extent the use of the property was affected.

      If you suspect the work has been carried out without bukding regs then you can threaten to grass them up if they dont repair.
      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

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        #4
        No point in appointing a Party Wall Surveyor as a, The Party Wall Act is not retrospective and b, there's nothing for them to do.

        As stated above this is a civil matter and you'll have to be geared up to sue them (the freholder of the neighbouring property).

        By all means instruct a Buildign Surveyor to provide a report on the cause of the damage, any trespass (check there aren't steels in your loft), any damage to the property that may have been caused by the works (cracking etc..), suggested repairs and costs.

        You should note that if a Building Owner does not serve valid Notice under the Party Wall Act and damage occurs to an Adjoining Owner's property then the Building Owner has to prove that the works did not cause the damage.

        Not a bad solution from a 'non solution led' surveyor.
        There is always scope for misinterpretation.

        If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

        Everyday is an opportunity to learn something new.

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