The Party Wall etc. Act 1996 (“the Act”) makes various provisions about costs, but in this article I am concentrating on those which relate to the professional fees charged by party wall surveyors and which are routinely included in awards Read More
Injunctions in Party Wall Cases
When should you seek an injunction in party wall cases? When should you advise your clients to seek an injunction? What is the best time to seek an injunction, how do you go about it, and, often most importantly, Read More
Security for Expenses – What can security cover?
Section 12(1) of the Party Wall etc. Act 1996 (“the Act”) provides that an adjoining owner “may serve a notice requiring the building owner before he begins any work in the exercise of the rights conferred by this Act Read More
Selection and “de-selection” of third surveyors
Third surveyors, the impartial arbiters of the party wall world, rarely feature prominently in party wall litigation. However, there have been two recent County Court cases in which the selection and purported removal of third surveyors has been considered by Read More
Enforcement of payments in party wall matters
Surveyors are often, and understandably, concerned as to how they can ensure that they are paid for the work they do as party wall surveyors. In this article I set out how they can use the law to assist them. Read More
Boundary Disputes and Harassment
“For every harassment claim in a boundary dispute, there must be a harassment counterclaim” Boundary disputes, in their purest form, are very much about property law. One looks at the relevant conveyances and their plans, a measured site survey, an Read More
Non-delegable duties – the hard road for building owners in party wall cases
Building owners carrying out notifiable party wall works, usually basement extensions, which cause damage to adjoining owner’s buildings, have been known to say “Terribly sorry old chap, but you will understand that I employed top-notch contractors, and the law says Read More
Dealing with retrospectivity in party wall matters – going forward whilst going backwards
From time to time party wall surveyors will come across the situation where notifiable party wall works have been commenced by a building owner, either without a notice being served at all, or where a notice has been served, but Read More
Five things we have learnt about party walls…
The academic and legal years have come to a close. So what have we learnt about party walls over the last twelve months? (1) Special foundations are becoming rarer – the case of Chaturachinda v Fairholmedecided on 23rd September 2015 found Read More
Gates on Rights of Way
I am regularly asked to advise on the subject of gates on rights of way. Usually the situation is that Mr Smith, the owner of land over which Mr Jones’ right of way runs, decides to erect, or does in Read More