THE ROLE OF THE THIRD SURVEYOR

The role of the third surveyor typically arises when the two appointed surveyors cannot come to an agreement or, on occasion, where the surveyors are not making sufficient progress and an approach is made by one of the owners.
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In such cases, a third surveyor is brought in to act as a neutral, independent arbiter. Here's a breakdown of their role:

​Neutral

The third surveyor must be an impartial person selected at the outset of a dispute. Their job is to review the arguments from both sides and come to a fair, objective decision. All conflicts of interests (whether real or perceived) should be declared at the earliest opportunity. Where either of the parties are unhappy with such a declaration, the third surveyor should step down and another be selected. Faith in the third surveyor is paramount.

Willing and able

The third surveyor, when called upon, should advise of their willingness and ability to act. The third should not take on the role, if they do not have the capacity to act quickly. Where they are unwilling and/or unable to act in good time, they should advise at the earliest opportunity so another can be selected. ​​

​Decision maker

The third surveyor's decision should be given in an award which is sufficient to be binding on both parties. They must avoid giving their opinions outside an award. They should also avoid telephone conversations or email exchanges that do not include all relevant parties. They should evaluate the evidence and make a determination based on their professional expertise, applicable laws, and best practices in party wall matters. That can mean their view can differ from those of one or both of the surveyors.

Expert advisor

In some cases, the third surveyor may not be able to directly resolve the disputed matters but may be able to provide expert guidance (within an award) or give recommendations (within an award) to help the two appointed surveyors reach an agreement. ​​

Legal and technical authority

Their award must comply with relevant regulations and case law, ensuring fairness and correctness in the final decision.

References to the Act and case law can be helpful.

References to professional body guidance (which is ever changing) and legal opinion (which varies) is less reliable and should be avoided where possible as neither are definitive.

IMPORTANT CONSIDERATIONS

​Do they have jurisdiction

The third surveyor must ensure the necessary prerequisites have been met. They should confirm the surveyors’ authority by checking appointments and notices along with proof of their own selection. Equally they must ensure a dispute exists between the parties and not just the surveyors. Where the parties do not confirm there is a dispute, ideally with proof of confirmation directly from the owner/s, the third surveyor should not act. ​​

Procedural guidance

This should involve a clear written procedure which they require participants to adhere to. This should include strict timelines for submissions and the award itself. ​​

Rules of natural justice

The third surveyor is obliged to ensure all concerned have had a reasonable opportunity to have their say. ​​

Clear and definitive

The award should be easy to read and understand and therefore action.

Errors

Third surveyors can make mistakes. In addition to spelling and grammatical errors (which may be overlooked if inconsequential), sometimes calculations are wrong or information provided was not considered. Where such issues are identified, the third surveyor should correct these immediately by writing to the parties explaining the error, withdrawing the award and making/serving a corrected version. Some surveyors refuse to engage in discussion after the award is made. The reason for this is unclear and not justified.

​Note: An opinion that differs from one or both of the parties is not usually an ‘error’. Such differences can only be dealt with by way of an appeal.

Disclaimer:

The information provided in this document is for general informational purposes only and does not constitute professional advice. While every effort has been made to ensure accuracy, it is not tailored to your specific situation. Always consult with a qualified professional before taking any action related to the issues discussed. The authors are not liable for any actions taken based on this content, and no legal relationship is formed by reading or interpreting this material.
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Need help with a Party Wall Act issue? Contact Coburns Party Wall for expert advice and assistance.