Property Disputes & Neighbourly Matters
At Vickery Holman we have specialist building surveyors ready to advise on litigation matters from a building surveying perspective.
Property dispute and neighbourly matters services covering the South West
We can prevent disputes and misunderstandings by providing a structured approach to construction projects, reducing the likelihood of neighbour disputes. By engaging with us at an early stage, we can assess potential impacts and risks to ensure that fundamental issues are addressed early to prevent delays and additional costs. We can negotiate access agreements and undertake statutory appointments such as the Party Wall etc. Act 1996.
We can provide expert advice on legal and technical matters, offering guidance on party wall agreements, boundary disputes, access arrangements, and other legal and technical issues. We can advise the party undertaking the work and any parties affected by the work, whether the project has started or not.
Our extensive expertise in dealing with various scenarios and collaborating with other professionals means we can provide innovative solutions for complex problems.
Our Neighbourly Matters services
Boundary Disputes
We provide expert advice and resolution services for boundary disputes. We work with property owners, developers, and legal professionals to provide advice on the likely location of disputed boundaries along with options for remedial works and costs where required. Our comprehensive approach includes site inspections, research, detailed reports, and mediation to resolve conflicts efficiently and effectively.
Building Disputes
We offer specialised services for resolving building disputes, ensuring that construction projects proceed smoothly. Our experts provide thorough assessments, detailed reports, and mediation services to address issues between contractors, developers, and property owners. We aim to help resolve conflicts swiftly and fairly, minimising delays and additional costs.
Expert Witness
The process of dispute resolution and the need to appoint an expert witness can be a difficult time. Our experienced surveyors act as expert witnesses in property-related disputes. We provide impartial, professional testimony and detailed reports to support legal proceedings and dispute resolution. Our expertise covers a wide range of property issues, ensuring that our clients receive accurate and reliable information to support court proceedings.
Land Registry Compliant Plans
We produce accurate Land Registry compliant plans for property transactions, new registrations and splitting of Titles, ensuring all legal requirements are met. Our plans are meticulously prepared to facilitate smooth property dealings. We work closely with clients to understand their needs and provide clear, precise plans that meet the highest standards of accuracy.
Party Wall etc. Act 1996
We offer expert party wall services, including service notices, Awards, and dispute resolution. Our surveyors ensure compliance with the Party Wall Act, protecting the interests of all parties involved. We undertake schedules of condition of the affected properties and can monitor projects to ensure compliance with awards, as well as helping to settle any further disputes arising during the project.
Access Agreements and Licences
We can review proposals and provide strategic advice on the requirement for access, crane oversail and scaffold licences with neighbouring property owners. We can review designs and provide advice, and undertake negotiations on clients’ behalf to agree licences. We undertake schedules of condition to ensure that any damage caused is rectified swiftly.
Property Disputes FAQs
What does a building surveyor do?
A building surveyor is responsible for assessing the quality and condition of buildings and are a crucial part of any construction or property maintenance team, advising on safety issues, tenders, contractors, maintenance schedules, energy regulations, boundaries, party walls and licences, as well as project managing building schemes. They will also advise on the condition of properties in relation to leases to provide dilapidation assessments for landlords and tenants, or in relation to contracts, should there be disputes between parties. A qualified building surveyor is likely to have a degree in building surveying and a chartership (MRICS) or association (AssocRICS) with the Royal Institution of Chartered Surveyors (RICS).
What are 'dilapidations'?
Dilapidations relates to a commercial property that has been let to a tenant and refers to the condition both during and after the period of the tenancy. Lease agreements stipulate the level of repair or maintenance that is required from a tenant during, or on completion, of a tenancy, and the parts of the property that are the responsibility of the tenant. Dilapidations relate to any breaches of the obligations of the tenant, including to repair, redecorate or reinstate elements of the property. Landlords and tenants can disagree on the levels of work required and it is worthwhile getting expert advice from a building surveyor before entering into a lease, as well as during or at the lease end, as costs can be significant for both landlord and tenant.
What work should a tenant do to a property when they leave?
When a lease comes to an end, the tenant will have to comply with the clauses in their lease, especially the repairing and decoration requirements. It is a good idea for a tenant to commission a Dilapidations Liability Assessment well before the end of the lease term in order to allow a tenant to budget for repairs or decoration costs before the end of the lease. A tenant who has ‘to keep in repair’ may find they incur considerable costs, so it is worth having your lease evaluated before you sign it. Tenants often feel that repairs required are less than the landlord will ask for, which can lead to a dispute. Our building surveyors can advise you on defects and fabric repairs along with the impact on value.
What dilapidations is a landlord responsible for?
A “full repairing and insuring” lease will require the tenant to be responsible for the whole of a commercial property, while an “internal repairing and insuring” lease will leave the responsibility for the external building fabric (walls, roofs, soft and hard landscaping etc.) with the landlord.
As the end of a tenancy approaches, it is recommended that landlords appoint a RICS accredited building surveyor to carry out a dilapidations survey, and to present the tenant with a Schedule of Dilapidations in advance of the lease ending. The intended use of the property may affect the extent of work that a tenant may be required to undertake. If a financial settlement is to be agreed, the money to be paid by the tenant for repair work might be limited to the loss in value to the property. If the landlord chooses to undertake dilapidations work at the end of the lease, they can reclaim the cost of doing so from the tenant.
Landlords usually want a property ready to go back on the market as fast as possible, so agreeing the work in advance is sensible. There is the possibility, in some leases, for a landlord to undertake work on behalf of the tenant prior to the lease end and recover this money via the lease. Careful assessment of the options available to a Landlord in advance of the lease end is advised.
What is a Party Wall Agreement?
A Party Wall Agreement is compulsory for anyone carrying out certain work to shared structures or within 3-6m of neighbouring structures. A written notice needs to be submitted, preferably several months before the work starts. Typical projects requiring a Party Wall Agreement are excavation for foundations, loft conversions, extensions and removing a chimney stack.
If you do the work without a Party Wall Agreement, your neighbour can seek a Court Injunction to stop you proceeding. If any damage is incurred to your neighbour’s property, and there was no Party Wall Agreement, you may have to pay additional costs in compensation.
There is no formal qualification to be a Party Wall Surveyor, even a chartered surveyor may not be conversant with the Party Wall etc. Act, so you should ensure any advice you receive is from a suitably experienced surveyor. Other affiliations such as being a member of the Pyramus and Thisbe Club may also indicate a surveyors interest and wider involvement in the Act.
What can you do if there isn't a Party Wall Agreement?
If your neighbour is starting work to a shared wall or excavation within 3-6m of your property, and the work is covered by the Party Wall etc. Act 1996, but you have not been served Notice, we recommend you talk to your neighbour immediately and ask if they intend to serve a Party Wall Notice. While you can decide to consent anyway, you must be given the opportunity to consent or not. If you are concerned that work is proceeding without notice or agreement, the remedy is to apply for a Court Injunction to halt the work. If damage is incurred by you, and the neighbour didn’t apply for a Party Wall Agreement, you can sue for damage under Common Law. The Courts will nearly always favour the other party over the neighbour who has not been compliant with the Party Wall Act.
How can I resolve a boundary dispute?
To resolve a boundary dispute, you should first assess the land in question, review your Title documents and any other conveyance information, and try to have a conversation with your neighbour about their understanding of the boundary. Resolving a boundary dispute requires a lot of patience and attention to detail. The cases can be very complicated, which is why we recommend using an experienced surveyor to advise you if you cannot resolve the dispute directly with the neighbour. Land Registry offers a process for resolving disputes, but it’s still worth getting expert advice on the validity of your claim. RICS have mediation and dispute resolution services to help neighbours avoid litigation, which can be a good option since it explores the dispute and helps both parties achieve an outcome that suits everyone.
What is an Expert Witness surveyor?
An Expert Witness surveyor is a highly experienced and qualified surveyor who can give evidence in a court or at a tribunal on matters regarding land, property or construction. Disputes can arise during any a project or on any property, and may be based around matters involving boundaries, access, planning, valuations, dilapidations or damage incurred. Vickery Holman has a team of expert witnesses who have a large area of specialisms and experience.
How do I make sure a break clause works properly?
An Expert Witness surveyor is a highly experienced and qualified surveyor who can give evidence in a court or at a tribunal on matters regarding land, property or construction. Disputes can arise during any a project or on any property, and may be based around matters involving boundaries, access, planning, valuations, dilapidations or damage incurred. Vickery Holman has a team of expert witnesses who have a large area of specialisms and experience.
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