Suing an Architect or Party Wall Surveyor following Building works?

[Gazer]

Further update.
Deadlock reached. They are insistent of a revocable Easement/license of which my Solicitor has stated cannot be agreed, who would want to buy a property* (who would even mortgage it) with the threat of the extension being part removed at the change of heart of the neighbour. Allowing litigation to proceed brings uncertainty but as this is there is no amicable solution.

[des8]

Thanks for the update.
Are your neighbours going to sue for trespass?

[Gazer]

Whilst not yet confirmed I expect that is a possibility.

[des8]

As said before (posts 2; 6 &12) IMO they will have a problem proving trespass.

[Gazer]

So as an update.
The easement did not materialise due to their terms, my solicitor was dumbfounded.

The Surveyor has now made notice to me that the neighbour is making a claim under the Act for a substantial compensation (didnt say under what grounds) however I suspect they will go for the full value of their property as they believe it is unsellable.
I'm taking advice from a litigation specialist.

[des8]

Thanks for the update.
Under which act are they proposing to make a claim?

Trouble with boundary disputes is they take for ever, cost a fortune and sour relationships with people who will possibly remain neighbours.
And at the end of the day when you come to sell you have to tell prospective buyers

[Gazer]

Claiming Under the Party Wall act, although I had never realised the scope of claiming "trespass" via the PWA was available it's clearly outside of physical damages to property.

Does the situation as is actually render their property worthless?

[des8]

But as they signed a Party Wall Agreement, and you built in accordance with that, I don't understand what grounds they have to claim.
Be very interested to see their actual claim when they make it, and what your solicitor's reaction will be.
Please keep us informed.

[Gazer]

Des8 you are right and at every opportunity this was reiterated to them and their solicitor and just washed over with responses like " it was detailed enough", yet it was detailed enough for The Local Authority planning dept, Building control and 2 builders to interpret correctly.

I'll be sure to keep you informed with whatever lands on the doormat next, thanks for help to date too.*

[des8]

well if it wasn't detailed enough they shouldn't have signed it!

[seduraed]

My word you have difficult neighbours. I smell money. whether their solicitor is suggesting this or they think they can squeeze you dry, I don't know. y feeling is that you go to ultimatum stage and say easement, or sue for trespass.

[alexisavi]

same problem here any solutions ?

[des8]

same problem here any solutions ?

Most unlikely to be exactly the same problem.
Please start* your own thread if you need help

[Gazer]

Ok, so today the PWS has confirmed following my chasing that the neighbour cannot make a claim under the PWA for Trespass, this is as per my understanding.
He said they can only go for a civil litigation method for Treapass.

(ALEXISAVI please DM me for a quick review of your position if you wish.)

[des8]

...but as they signed the Party Wall Agreement agreeing to the plans IMO they would have difficulty proving trespass as you would assume their signing impliedly gave permission