ABSTRACT
The building owner, the adjoining owner and one or both of the surveyors can call upon the third surveyor to resolve their disputes. The only part of the Act which makes mention of third surveyors is s 10 of the Act. The surveyors and the third surveyor can only award on the subject-matter of the notice. A notice and an award were sent to a surveyor who had been advising but had not been authorised to accept service of either. In fact, the surveyor had never been formally appointed as a party wall surveyor. The surveyors therefore exceeded their powers in authorising it. If, before the dispute is settled, a surveyor appointed under paragraph of subsection by a party to the dispute dies, or becomes or deems himself incapable of acting, the party who appointed him may appoint another surveyor in his place with the same power and authority.
