Litigation
At Vickery Holman we have specialist building surveyors ready to advise on litigation matters from a building surveying perspective.
Property litigation services covering the South West
We have specialist building surveyors who can provide advice on litigation matters from a building surveying perspective. We work closely with colleagues within different specialities and outside consultants, allowing us to provide our clients with informed advice on disputes, statutory compliance, and licences amongst other matters.
In the event of a dispute, we are often called upon to act as an Expert Witness. Our experts wield a unique blend of expertise in construction, property law, and dispute resolution. These professionals play a pivotal role in assisting courts in reaching well-informed decisions as the courts often rely on expert witnesses to provide specialised knowledge and insights. Expert witnesses, armed with their professional qualifications and extensive experience, are ideally positioned to fulfil this crucial role. Our expert surveyors offer impartial, independent assessments of complex technical matters, helping to clarify issues and inform the court’s deliberations.
Building projects can be complex undertakings, involving multiple parties, intricate contracts, and a myriad of potential pitfalls. Despite careful planning and execution, disputes can arise, causing delays, financial strain, and stress for all involved. Resolving building disputes requires a nuanced understanding of the legal landscape and effective communication strategies. Building disputes can stem from a wide range of issues, often exacerbated by misunderstandings, differing expectations, and unforeseen circumstances.
In cases where building projects or defects lead to disputes between parties, we can provide expert testimony and dispute resolution services. Drawing on their technical expertise and professional credibility, our surveyors help resolve conflicts through negotiation, mediation, or expert witness testimony.
Another source of potential dispute is around boundaries and party walls. Building owners have a legal obligation to comply with the requirements of the Party Wall Act. Failure to serve the necessary notices or obtain the appropriate agreements can result in disputes, delays, and potential legal action. Where a property owner has failed to comply with the Party Wall Act, we are often called up on help resolve the issue. Our building surveyors facilitate negotiations between building owners and adjoining property owners to reach mutually acceptable agreements with the aim of resolving disputes amicably to minimise the need for formal legal proceedings.
Our Litigation team are based in and operate across the South West providing private and public clients with a full range of services. Please choose which area of specialism you’d like to find out more about below.
Key Contacts
Litigation FAQs
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?
Our RICS qualified building surveyors can assess the condition of your property and draw up a schedule of maintenance including time and costs required. Owners or tenants can put in place a Planned Preventative Maintenance schedule, allowing them to budget and plan for ongoing maintenance.
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