Q&As

Following a party wall award (PWA), works have been carried out to a property which have caused damage, could a claim in trespass be brought against the builder who carried out the works, rather than the property owner? Are the party wall surveyors able to determine a claim for loss of earnings, loss of rent, loss of amenity, distress and inconvenience? Where the PWA makes no provision for legal and professional fees, can the adjoining owner appoint a third surveyor to determine this, where the property owner is refusing to instruct their surveyor to act?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 09/11/2020

The following Property Disputes Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Following a party wall award (PWA), works have been carried out to a property which have caused damage, could a claim in trespass be brought against the builder who carried out the works, rather than the property owner? Are the party wall surveyors able to determine a claim for loss of earnings, loss of rent, loss of amenity, distress and inconvenience? Where the PWA makes no provision for legal and professional fees, can the adjoining owner appoint a third surveyor to determine this, where the property owner is refusing to instruct their surveyor to act?

Following a party wall award (PWA), works have been carried out to a property which have caused damage, could a claim in trespass be brought against the builder who carried out the works, rather than the property owner? Are the party wall surveyors able to determine a claim for loss of earnings, loss of rent, loss of amenity, distress and inconvenience? Where the PWA makes no provision for legal and professional fees, can the adjoining owner appoint a third surveyor to determine this, where the property owner is refusing to instruct their surveyor to act?

It is often the case that works to an adjoining property lead to strained relations between neighbours. Less commonly, those works can give rise to a cause of action, where damage is caused by those works. Such cases are, by their nature, fact-specific, but, commonly, the causes of action that can be pursued will be in negligence, nuisance and trespass.

A claim in trespass can be maintained where unauthorised works are carried out as part of the relevant works. An example might be the building onto the whole of a party wall in circumstances not authorised by a party wall award. The court has the power to grant an injunction compelling the defendant to remove the offending parts of their property and make good the damage, but also has jurisdiction under

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