Suing an Architect or Party Wall Surveyor following Building works?

[Gazer]

Im in an awful position.
Having had an above garage extension built, my neighbours raised issue with overhanging soffits/gutters over their adjoining Garage at 1st floor level.
Lots of conversation has resulted in an agreement in principle for a Deed of Easement for the overhang to remain, however the costs to carry this out are some £3000 in legal and surveyor fees.

What was build is correct to the Planning Permission plan drawn up by an Architect, even showing the dotted Boundary line, this Plan was then written into a Party Wall Agreement by a common surveyor and signed by the neighbours and accepted by both parties.
Once the Roof was 95% complete the complaint was raised.

An Easement is a solid solution however I cannot bear this costs and feel that there must be recourse for the professional team to cover this, failing that I will have to claim for negligence but am unsure where this will lay between Architect and or the Party wall surveyor?

[des8]

".......... this Plan was then written into a Party Wall Agreement by a common surveyor and signed by the neighbours and accepted by both parties"

Bit late for neighbours to object or complain, and IMO any negligence is theirs for not noting the overhang.

Was the agreement for a deed of easement negotiated with the aid of solicitors or just chats between you?

[Gazer]

The deed of easement has been agreed by their solicitors but they are insisting;

A. I pay all of their £2000 fees reduced from £5000
B. I pay for a Surveyor to draw up a Lang Registry plan detailing the overhang
C. I pay for a Party wall Surveyor in the future if they want an extension.
D. I pay any future costs to remove the structure for an extension.

I dont feel comfortable with any of those.

[des8]

Nor would I !
What do your solicitors say?
You do have a solicitor?

[Gazer]

The solicitor I've been dealing with was going to prepare a Transfer of Land for the overhang but that wasnt what the neighbour wanted.

Another legal team via my Insurance suggested letting them prove the overhang at their cost and then prove trespass.

They havent been particulaly clear if anything is actually worthy or not.

[des8]

I must admit I prefer the sound of your insurer's solicitors view.

You finish building and your neighbour then has to prove trespass.
As he has signed an agreement allowing the overhang, I think he will have difficulties proving trespass.

Also, even if trespass is upheld a gutter overhanging many feet up in the air may be considered by the court as a trivial trespass. The neighbours would need to show some real harm or serious implication requiring its removal, then the court may not order its removal and could penalise them for bringing a trivial case.

[Gazer]

They have already stated they would be able to get an injunction to seek to remove and or demolish the overhang.
To demolish/remove would require substantial amounts of making good to prevent water ingress and collapse of the roof.
Would that be a potential Criminal Damage without a court order.

[des8]

Who has said "... they would be able to get an injunction to seek to remove and or demolish the overhang"

If it is your neighbour's solicitors, why would you take notice of what they say?
They are working for your neighbour
You don't take advice from your opponent

And if they demolish without permission or a court order, in view of the fact according to your posts that they had agreed with your plans in the party wall agreement there could possibly be a charge of criminal damage. However unlikely to proceed and a civil claim would be more appropriate.

[Gazer]

Who has said "... they would be able to get an injunction to seek to remove and or demolish the overhang"

If it is your neighbour's solicitors, why would you take notice of what they say?
They are working for your neighbour
You don't take advice from your opponent

And if they demolish without permission or a court order, in view of the fact according to your posts that they had agreed with your plans in the party wall agreement there could possibly be a charge of criminal damage. However unlikely to proceed and a civil claim would be more appropriate.

They are quoting their Solicitors words, allegedly.
Im still awaiting the Home Insurance legal team to come back to me with a review of the situation, but the neighbour is putting pressure on me to get me to sign up these demands, and pay the fees.

[des8]

Don't be concerned by attempts to sign up before you have taken legal advice and are ready.
Tell him you might not sign up as you think the demands are outrageous (or words to that effect)
There is not a lot he can do while you are considering your options, and don't be worried if court action is threatened as it is most unlikely any solicitor will push it through while you are negotiating and it takes months for any action to get to court anyway

[Gazer]

They are quoting their Solicitors words, allegedly.
Im still awaiting the Home Insurance legal team to come back to me with a review of the situation, but the neighbour is putting pressure on me to get me to sign up these demands, and pay the fees.

So the Home Insurance Legal Assistance wont cover this situation but might cover if they allege trespass.
The PWS has offered 1k and the Architect £350 towards these fees on a no liability basis, that still leaves me picking up 2k for this mess.
I could try and sue them retrospectively but I just feel deflated.

[des8]

If you obtained permission for the overhang (and that seems to be the case from what you have posted regarding the Party Wall Agreement) there can be no trespass.
It would be unreasonable to agree to the works, and then when nearly completed to withdraw permission and allege trespass
This is as posts 2 & 5, so wait & see if they sue for trespass

[Gazer]

Almost 2 months on heres an update, after deliberating the position I agreed with the neighbour that a Grant of Easement was the way forward and I'd pay a fixed sum to their solicitors to arrange whilst also having a Land Surveyor draw up on a Plan the detail of the overhang.* * * *Then I received* an email requesting Instruction to proceed with a revocable license NOT an Easement so I am slightly dumbfounded as to why theyve stated this, these are very different legal items from my limited knowledge.

Think this now may be another stalemate..*
If anyone can assist with the full legal differences between them it would be appreciated.
Thanks
*

[des8]

I'd suggest you amend it to an irrevocable licence as you have spent a lot of money* on the building which encroaches over the license area with the *knowledge of the licensor
I'm sure books have been written on the differences between permanent and temporary easements and revocable and irrevocable licences, and to try and give a dissertation on a forum is a big ask!
There's quite an informative article here:*https://www.lexology.com/library/det...f-d6e437208b7a

[Gazer]

My solicitor wrote theres in mid Decemeber stating that the Easement was the best option for both parties here and a license would not be acceptable as is worthless in so much as it doesnt provide transferibility to future owners. We await a reponse.