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
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
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
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