Under the current legislation, party wall matters cannot be resolved if there is a ongoing boundary dispute. This is a common mistake made by building owners/adjoining owners and even on occasions members of the legal profession.
Boundary disputes can often be extremely expensive for both parties if taken into the legal arena. We therefore encourage all parties to consider all dispute resolution pathways before contemplating and considering taking legal action against any neighbour.
We have the facilities of a full architectural computer aided design service and accurate measurements using a Sokkia EDM total station. This electronic distance measuring equipment helps produce boundary lines and clearly defines any retained land and therefore demonstrates any encroachments and trespasses onto any person’s land.
Often through my experience it is found that by myself carrying out the site measurements and furnishing the other side with my findings and impartialness, I have found that this helps resolve such a dispute and an agreement can often be accepted by both parties.
Acting in the spirit of things, my main objective as a surveyor would be to help parties resolve any disputes and therefore avoid at all costs expensive litigation and therefore once a boundary dispute has been agreed then party wall matters can be considered and a party wall award produced which then allows each party to carry out the necessary works. Further to this providing the matter has been resolved, then there is no need for any disclosure orders of neighbour disputes, that often can be problematic to sales of properties, and again often proven to be expensive.