Lee Kyson was contacted by the adjoining owner (AO), in February 2016, as while she was away the neighbouring building owner (BO) had carried out notifiable building works without serving notice and causing damage and trespass of foundations inter alia to the AO's property.
Having been appointed to act on behalf of the AO, Lee contacted the BO requesting that they appoint a surveyor under section 10(4)b of the 'Act', also offering to act as agreed surveyor.
The BO promptly instructed a solicitor. On expiration of the 10 day notice period Lee sought to appoint a surveyor to act on behalf of the BO. Despite having spoken to several surveyors they did not wish to accept the appointment as it was the AO's surveyor making the appointment. Finally a surveyor accepted the appointment.
This led to a protracted bout of correspondence between the parties. An award was finally served in August 2016 dealing with the damage caused by the BO, compensation to the AO, surveyors fees, legal costs, Arboriculterist's fees.... total £17,000.
Despite continual threats the 'Award' never was appealed.