There is a social cost to confrontation and, unless absolutely necessary, the law of property should not require confrontation in order for people to retain and defend what is theirs The Court of Appeal has very recently decided the case Read More
Tenants and Easements
I have been asked to write an article dealing with whether tenants can (1) acquire, or (2) enjoy easements. The question I was originally asked also included reference to tenants “without a written lease”. However, there is no real difference Read More
Service by e-mail in party wall matters
The Party Wall etc. Act 1996 (Electronic Communications) Order 2016 From 6th April 2016 the above order – SI 2016/335 (“the Order”) amends the Party Wall etc. Act 1996 (“the Act”) so as to explicitly permit the service of Read More
Resolving boundary disputes – Lesson 5: The expert’s report
When boundary disputes reach court, judges quite rightly like to hear expert evidence to assist them in determining the dispute. Such evidence is, in the first instance, in the form of a written report, to which is attached, as appendices Read More
Resolving boundary disputes – Lesson 4: The measured site survey
From a lawyer’s or court’s perspective, the most important contribution a surveyor makes to the resolution of boundary disputes is the production of a good measured site survey. This is the objective evidence against which all other evidence is measured Read More
Resolving boundary disputes – Lesson 3: Construing the parcels clause
“But those are just words!” There is a very natural tendency, shared by lawyers and surveyors just as much as by property owners, to turn straight to the plan attached to a conveyance as soon as any question as to Read More
Resolving boundary disputes – Lesson 2: Originating conveyances
“Find me the originating conveyance!” Where a boundary is disputed, any litigant, surveyor or lawyer should always start by trying to find the “originating conveyance”. What is it, and why is it important? Often, when one is looking at two Read More
Resolving boundary disputes – Lesson 1: Boundaries and Land Registry plans
Land Registry plans do not show where the boundary is. I have lost count of the number of times I have had to say this to clients clutching their Land Registry plans and insisting that their neighbours have encroached onto Read More
Surveyors don’t make good Respondents (to party wall appeals)
It is very tempting for building owners and adjoining owners under the Party Wall etc. Act 1996 (“the Act”) to commence appeals against awards they think are wrong. The Act gives them the right to do so under section 10(17), Read More
For those about to party (wall)
Five things owners should know about the Party Wall etc. Act 1996 1. Once you appoint a surveyor under section 10 of the Act, you cannot sack him – so choose carefully, and choose someone who knows what they are Read More