On 12 November 2020 His Honour Edward Bailey gave a webinar for the Faculty of Party Wall Surveyors on the subject of “Proper Conduct for the Party Wall Surveyor”. It starts: “The aim of this Webinar is to consider what Read More
What is wrong with a determined boundary?
Anyone who has heard me speak about boundaries will know that one of my particular bugbears is the widespread ignorance about the effect of the general boundaries rule in section 60 of the Land Registration Act 2002 – for those Read More
Shah v Kyson, 2 March 2020
Party Walls: whether Act can be invoked absent a notice; jurisdiction of surveyors N.b. permission to appeal is currently being sought against this decision. A full copy of the judgment can be found here
What can party wall surveyors learn from arbitration? (part 3)
This is the third and final in a short series of articles suggesting some learning points for party wall surveyors arising from consideration of selected Articles from the UNCITRAL arbitration rules 2013 (“the Rules”). Article 17(1): “Subject to these Rules, Read More
What can party wall surveyors learn from arbitration? (part 2)
This is the second in a short series of articles suggesting some learning points for party wall surveyors arising from consideration of selected Articles from the UNCITRAL arbitration rules 2013 (“the Rules”). Article 3(5): “The constitution of the arbitral tribunal shall not Read More
What can party wall surveyors learn from arbitration? (Part 1)
Although the language of section 10 of the Party Wall etc. Act 1996 (“the Act”) undoubtedly uses the language of arbitration – “award” “dispute” “determination” – it is well established, that the dispute resolution process under the Act is not Read More
Resolving boundary disputes – Lesson 6: Mediation
In my final article in this beginner’s series to resolving boundary disputes, I want to talk a little about resolving such disputes outside the courtroom, namely by way of mediation. For those who have not come across mediation, it Read More
Section 7(2) compensation under the Party Wall etc. Act 1996, the duty to mitigate, and alternative accommodation
What is the surveyors’ jurisdiction in respect of compensation under section 7(2) of the Party Wall etc Act 1996 (“the Act”), does this extend to compensation for the cost alternative accommodation, and does the adjoining owner have a duty to Read More
Service and the “last known address”
Although much has been written on service recently in the wake of the Court of Appeal’s decision in Knight v Goulandris which dealt with service by e-mail under the Party Wall etc. Act 1996 (“the Act”), an interesting point on service also Read More
When to appeal a party wall award – and when not to
Each year in England and Wales many thousand party wall awards are made under the Party Wall etc Act 1996 (“the Act”); a few hundred such awards are appealed under section 10(17) of the Act, and maybe a hundred or Read More