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Building/ Construction Disputes and Boundary Disputes:

Expert witness reports from Property Link Chartered Surveyors

Property owners are instinctively protective over their assets and with very good reason, which can, unfortunately, lead to some disputes.

There is a range of disputes that can arise relating to property, most of which fall into one of the two categories:

1. Building/construction disputes
2. Boundary disputes

At Property Link Chartered Surveyors our expert team and Surveyors are experienced in providing full assistance in expert witness reports for both boundary and building/construction disputes in and around the West Midlands area. Not only helping disputes to be resolved quickly but with as little hassle and as cost effectively as possible. Our qualified Surveyors and Structural Engineers can inspect the property, create an expert report on the issues that are being disputed, compile an expert witness report and provide full assistance throughout court or alternative dispute resolution.

An overview of Boundary Disputes

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Disputes sometimes arise when people become sensitive about protecting their homes or other buildings and land. Most properties will have a defined boundary, whether this is a fence, hedge, wall or even a river or a road. These boundaries need to be maintained and sometimes completely re-built, which can often cause some dispute, especially where, for example, a hedge is being replaced by a fence and so the boundary lines are not identical, or where a boundary has been erected without the knowledge of a neighbour.
To help to avoid disputes in the future it is a good idea to understand exactly where your boundary is when you move in, where some boundaries are not clearly defined it is important that you and your neighbour discuss it. You should also communicate any work with a neighbour before you start and be sure to not erect a boundary without a neighbour being aware.

A minor disagreement can quickly become a full-scale dispute. The key to resolving a dispute speedily and successfully is to seek expert advice as soon as possible. With the aid of the property title documents, plans and any historic documents and photographs, Property Link’s Surveyors and Structural Engineers can undertake an inspection of the properties in dispute to help you understand the extent of your property and the location of your boundaries. A plan will be included in the report showing the required boundary line and the existing state of the boundaries.

If you have a dispute that you would like advice on, or if you would like a free, no obligation quote, do not hesitate to contact one of our expert team of staff.

Common causes for Building or Construction Disputes

Quality: when work completed is not to the standard that was discussed or agreed and/or where parties do not agree on the standard of work that has been produced and what is considered as acceptable.
Uncertainty: though you may think you have discussed everything in great detail you will actually find that not every detail of a project can be planned before the work starts.
Contractual uncertainties: ambiguity in contracts and terminology and contracts where the risk is shifted to another party, are also contractual problems you may come across.
Time-frame: if one party wants to bring forward the finishing date or if the time dedicated to the project is not going to be long enough, there may be a dispute between parties.
Poor coordination: between you and the professionals you have hired, or even poor communication between those professionals, which could cause delays or even disputes.
Delays: where delays occur it can be difficult to pinpoint who is responsible for this delay and therefore, who should have to pay for it.

An overview of Building or Construction Disputes

Whether you are making changes to your existing property or investing in a completely new build, you will likely need to use a variety of external professionals such as a planning firm, plumbers, electricians and builders. This can mean that disputes could arise with one or more of these professionals, causing delays to your property being completed and costing you money in legal fees for disputes.

As soon as you pay one of these professionals for a service, you enter into a contract with them, therefore, if the quality of work is not what you agreed to, you have every right to dispute the work completed. In these cases, the help of professional Surveyors and Structural Engineers can prove invaluable.

To resolve a dispute, the first step should always be to discuss the problem with the professional in question and try to come to an agreement and a resolution. However, talking through your problems isn’t always a solution, which is where you might find you need the help of a professional such as Property Link Chartered Surveyors.

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