We have seen a few cases in that regard. Based on the opinions of the various advisers we saw (none of them were the same), and even the strange third prize, all we can say with a little confidence is that the greatest fool can ask a question to which the smartest man cannot answer. There are many unresolved kruxes and unexplored areas in the Party Walls Etc. Act. These are a few of them. How can an owner judge whether his own ancillary work could trigger the need for a PWA under the „3m“ rule for excavations? I see 6 fences all the time along the boundaries – but building a 6-foot fence post takes a 2ft hole. After the unearthing of such a pole (and the concrete in which it is incorporated), an even deeper hole would be needed. Even planting a large shrub from a 12-inch pot could require an 18-inch hole. Similarly, digging shrubs and small trees may require a 1 to 2 ft trench. It seems to me „common sense“ that this would not mean digging under the depths of the neighbouring foundations, but if the foundations were abnormally flat? Could we criticize the fact that, under these conditions, we do not think of the PWA if there were further damage? It can be very, very quickly important. There is no escape from repairing the damage caused by your works.

The courts are angry at those who have ignored the need for communication. Bailiffs can be used to recover any expenses you have incurred. My neighbor did some work on the party wall without asking us and did not have permission. If I abolish what he did, would I break the law? He will not recognize the letters we write to sort out the problem. My neighbour caused extensive damage and heave on my soil about 50,000 both surveyors agree that damage has occurred and that this has happened during the work. You don`t know how it happened, and say I can`t say, how can I get compensation? It is often accepted that the appointment of a party surveyor ends when the work has been completed and approved under the original distinction, under the terms of this award. In Selby v Whitbread – Co [1917] 1 KB 736 (concerned by the London Building Act 1894), the court found that the competence of the party surveyors was as follows: in my experience, owners who continue with pre-decisible work without notice fall into one of two categories – those who are not aware of the law or those who think that their neighbours do not know the law. A friendly conversation, before the start of the work, puts them directly on both counters. Several legal cases relating to the 1996 Party Walls Act have been notified concerning unverifiable work carried out without bonuses or agreements. The actual number of cases in which there is no agreement on the party walls is probably much higher than the number of cases that are appealed by the Court.

If adjacent owners do not accept the work, each owner will designate a party Wall Surveyor to agree on how the work will be performed and agree on the associated costs. The contractor who performs the work generally pays the fees of the two surveyors and all other costs, including compensation for damage to the neighbour`s property.