Party Walls: Third Surveyor Award
An Award under the provisions S. 10 of
The Party Wall etc. Act 1996
Building Owner [********]
Building Owner's
Address [*********]
Building Owner's
Property [**********]
Adjoining Owner [**********]
Adjoining Owner's
Address [**********]
Adjoining Owner's
Property [**********]
Notices The Building Owner served Notices on the Adjoining Owner
under Sections 2(2) sub-sections (a), (f), (g), (j) and (k) on the
[*****] and under Section 6 (1) on the [******] of their
intention to exercise rights given to them under the Party Wall
etc Act 1996 as more particularly described in the Notices.
The Difference The Adjoining Owner has dissented from the Notices
The Surveyors The Building Owners have appointed [*****]
The Adjoining Owner has appointed [*******]
The Third Surveyor The two surveyors appointed under Section 10 (1)(b) Richard
Birchall FRICS, Richard Birchall Associates, 17 St Alban's
Grove, London W8 5BP as Third Surveyor.
The Difference The two surveyors are unfortunately unable to agree whether
the Building Owners have a right under Section 2(2)(a) to
project footings and foundations further into the land of the
Adjoining Owner than the present width of the footings in the
course of underpinning. It is agreed between the Surveyors that
the Building Owners do have a right to underpin in general
terms.
The Decision Having considered the submissions made to me and knowing
the type of property well, I, Richard Birchall FRICS, the Third
Surveyor AWARD AND DETERMINE AS FOLLOWS:
- The Building Owners have a right by virtue of Section 2(2)(a)
to project the underpinning into the land of the Adjoining
Owner providing such underpinning is within the normal
concept of the word and that the underpinning does not fall
within the definition of "special foundations" within the
meaning of Section 20.
- The work shall be carried out in accordance with the drawings
Nos [***] prepared by [*****]
- The Adjoining Owner shall pay the Third Surveyor's fee of
£[****] plus VAT on the signing of the Award.
In witness whereof I have set my hand this [****] day of [*****] 1999
Signature ...............................................
Third Surveyor
Witness .............................................
Address .............................................
C:\Corel\Suite8\Partywal\Third Surveyor Award.htm
Updated 16 April 2005 12:01