Blog
Common Disputes in Party Wall Matters and How to Resolve Them
Monday 26th August 2024
When undertaking construction that involves a shared wall or boundary, disputes with neighbours can arise, despite the guidance of the Party Wall etc. Act 1996. Understanding these disputes and how to resolve them is essential. At Tayross Associates, we specialise in managing and resolving these issues, ensuring a smooth construction process.
1. Disagreements Over the Scope of Work
One common dispute involves disagreements over the scope or nature of the proposed work. Neighbours may worry about potential damage, loss of privacy, or the impact on their property.
Resolution: Serving a detailed notice is the first step, and if the neighbour dissents, a Party Wall Surveyor is appointed to mediate. Tayross Associates can act as your surveyor, clarifying the work and addressing concerns to prevent conflicts.
2. Concerns About Property Damage
Neighbours often fear that construction could damage their property, such as causing cracks or foundation issues.
Resolution: Before work begins, a Schedule of Condition is created to document the adjoining property's state. Tayross Associates conducts these thorough surveys, providing a clear reference if damage claims arise. If damage does occur, we ensure it is assessed impartially, helping to resolve disputes fairly.
3. Disagreement Over Access Rights
Construction may require access to a neighbour's property, which can lead to disputes over disruption, privacy, or security.
Resolution: The Party Wall Act allows access if necessary, but it must be reasonable and properly notified. Tayross Associates helps manage this process, advising on proper procedures and ensuring access is respectful and minimally disruptive, maintaining good neighbourly relations.
4. Disputes Over Costs
Disagreements can also arise over who bears the costs of the surveyor and any necessary repairs.
Resolution: Generally, the building owner pays these costs, though expenses can be shared if both parties benefit. Tayross Associates provides clear advice on cost allocation, preventing misunderstandings and helping resolve financial disputes.
How Tayross Associates Can Help
Tayross Associates specialises in party wall matters, offering expert guidance to prevent and resolve disputes. Our services include:
• Serving Notices: We help prepare and serve notices, ensuring all legal requirements are met.
• Surveying and Schedules of Condition: We document property conditions to provide a clear basis for resolving damage disputes.
• Mediation and Dispute Resolution: As neutral Party Wall Surveyors, we mediate disputes, finding solutions that satisfy both parties.
• Cost Management: We offer transparent advice on cost allocation, helping to prevent financial conflicts.
Conclusion
Party wall disputes are common, but with the right support, they can be resolved effectively. Tayross Associates provides the expertise needed to navigate these challenges, ensuring your project progresses smoothly and that all parties' rights are respected. Contact us today to see how we can assist with your party wall needs.
