tag:blogger.com,1999:blog-9078777782220327623.post5963207712605668719..comments2021-05-07T05:32:39.729-07:00Comments on abp Party Wall Surveyors: Party Wall Matters – interesting issue – No.3Testhttp://www.blogger.com/profile/04310534337199813367noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-9078777782220327623.post-23485300779090796042011-02-07T11:14:49.272-08:002011-02-07T11:14:49.272-08:00Thank you for your comment Justin.
The point bein...Thank you for your comment Justin.<br /><br />The point being, is the that AOS did not appear to know how to handle the situation. Therefore the only option available to my acquintance would be to approach the Third Surveyor. The damage to my acquiantance's house still needs to be dealt with, and cost of going to the Third Surveyor may in the long run be worth while, as one would expect the these costs to be Awarded against the Building Owner (i.e: the person(s) responsible for the works).Testhttps://www.blogger.com/profile/04310534337199813367noreply@blogger.comtag:blogger.com,1999:blog-9078777782220327623.post-52523150255915048402011-02-05T03:35:45.402-08:002011-02-05T03:35:45.402-08:00Bernard, I wouldn't approach the Third Surveyo...Bernard, I wouldn't approach the Third Surveyor in this situation. Section 10(6) of the Act sets out what should be done if one of the appointed surveyors refuses to act. <br /><br />The Adjoining Owner's surveyor should write to the Building Owner's surveyor giving him a final opportunity to act but if he refuses the Adjoining Owner's surveyor should proceed 'ex-parte' and deal with the damage.<br /><br />The Building Owner can appeal the 'ex-parte' Award if he thinks it is unfair. <br /><br />Going to the Third Surveyor is an option but that generates additional fees which can't really be justified when there as another option available.Unknownhttps://www.blogger.com/profile/11260288582768282244noreply@blogger.com