Should I care about surveyors threats?

Should I care about surveyors threats?

Postby Freckle » Wed Sep 06, 2017 6:15 pm

Hi everyone,
I'll keep this as simple as possible.

Neighbour has damaged our garage, their insurance company has paid out eventually. It has been a very very long battle. Now we need to repair the garage with the money. We wrote to neighbour asking politely if we can erect protective hoarding, they refused. Instead they got a very rude surveyor to site the details of the neighbouring act. We simply said "look, we are.simply asking to protect his property and family", we don't have to erect hoarding nor access his land to do the work. The surveyor has sent us 3 very rude and intimidating emails stating harassment on our part and malicious bullying and intent to cause harm to the neighbour, that we need to produce a schedule.of works, compensate for damage and inconvience, start end date etc. It's very upsetting. That we have no right to block his access onto his drive (we have clear ROW) We have been advised that there is censored all they can do about it but we are afraid of the consequences in repairing the building that was caused by the neighbour. He's the silent bullying type and would not be surprised if he put his children next to the garage to prevent us from doing the work. Ps. The insurance company has told us the garage is dangerous and if it falls will fall into their garden.

What would you do?
Freckle
 
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Re: Should I care about surveyors threats?

Postby mr sheen » Wed Sep 06, 2017 6:47 pm

Yes you should care what the surveyor says. If you are using the access laws then you have to follow procedures as outlined by the surveyor. The neighbour is using his right to get clear information before allowing you access to his property. If you had been on good terms he may well have been more amenable but obviously this isn't the case. So you will have to follow procedure.
He is right that you cannot park on his drive. If you have a right of way over it, that is what you have a right to pass and repass not to park.
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Re: Should I care about surveyors threats?

Postby MacadamB53 » Wed Sep 06, 2017 8:48 pm

Hi Freckle,

I'm sure it wasn't intentional, but here's what you're saying:

if you don't consent to my demands I will damage your property.

if building the desired garage in that location is likely to/will damage the neighbour's property unless some preventative measures are put in place you might need to rethink whereabouts on your property you're going to build the garage, rethink the design or else come up with some preventative measures that do not require the use of someone else's land.

kind regards, Mac
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Re: Should I care about surveyors threats?

Postby Freckle » Sat Sep 09, 2017 10:21 am

Thank you for taking the time to reply.

It's worth noting that we are simply repairing the damage to the garage which was caused by the neighbour and their insurance company is paying out. We can repair the work from our side easily, we also have the right to repair and maintain our property as per deeds and the surveyor in question has a copy of this, which we provided to him. The ROW is split in 2, both have access rights over each half. The neighbour has parked his car and obstructed our access since they moved in 3 years ago. The surveyor has given the neighbours the advice that they can park there as it's his private land, however what we are suggesting in way of obstruction is our right to use his private half of the ROW. Has the surveyor not I'll advised his clients by 1. Advising the neighbouring Act is relevant. 2. Advising the neighbour he can park on his private land even though the deeds clearly state we have ROW over it. We have asked the surveyor not to contact us based on the fact that he is (in my layman) opinion, ill advising our neighbour, which is causing conflict between us? We have been specific in asking the surveyor to liaise with our solicitor on this matter, gave him their details, but has claimed to our solicitor that we are aggressive malicious bullies and we are bordering on harassment to his clients. All we have done.so far is request access by letter politely, and then a letter before action as they refused to reply. I've never come across a.professional who seems to me is unprofessional in telling tales to a solicitor which are complety inaccurate. Clearly it must be coming from the neighbour, but im surprised at the surveyors behaviour. Since the accusations I have sent the solicitor an email and confirmed they no longer have my approval for them.to speak with him on this matter. He has since contacted me reciting the same thing.... very frustrating for us as we have been advised by our own insurance company that the garage is dangerous! We will have to carry out the work soon. We are happy to get a court order but not sure about costs.
Freckle
 
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Re: Should I care about surveyors threats?

Postby MacadamB53 » Sat Sep 09, 2017 11:23 am

Hi Freckle,

can you please post the wording that shows you own a right to use next door's land when repairing your garage.

kind regards, Mac
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Re: Should I care about surveyors threats?

Postby Roblewis » Sat Sep 09, 2017 1:15 pm

If you feel you have a complaint against the surveyor then your recourse is to the RCIS. As you are not the client you will need to make this clear and state that he is advising his client that they have the ability to park on a RoW even though it will cause an obstruction. Ring them first to get to know who to contact.

If as you say you can do the work from your own land then you are unlikely to get an Access Order under the Access to Neighbouring Land Act unless they try to insist on a hoarding on your land . I would simply write informing him of the intended start date and duration of works. I would also point out that his insurers have indicated that the structure is unstable and you will take all reasonable steps to prevent materials falling onto his property. In the meantime however you would warn him that some falls of material may not be possible to prevent so he would be advised to stay clear of the immediate area between the hours of x and y. You may also state that you would still be happy to install protection hoarding but to do so on your land would make the undertaking of work not possible and you would then be required to seek a court order to undertake the work with a hoarding present.
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Re: Should I care about surveyors threats?

Postby Freckle » Sat Sep 09, 2017 3:23 pm

Thanks Roblewis, this is great advice. The hoarding we would like to erect to protect them would be in the boundary between the two garages..He has recently demolished his garage. So there is absolutely nothing on his side, we have made him aware that in order to carry out works quickly erecting hoarding on his land would give the builders plenty on room to work with, reducing the disruption, however as he has flatly refused, the work will take a little more time, care and attention as the builders have that small boundary to work within.
Freckle
 
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