Article parent: party-wall
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News & Insights
Demolishing boundary and party walls in conservation areas
Under section 2(2) of the Party Wall Act there is not stand-alone right to permanently demolish a party wall. The only right that is gra...
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News & Insights
Dillard v F&C Commercial Property Holdings Ltd – party wall agr...
The High Court has recently found that a dispute resolution clause in an agreement between a building owner and an adjoining owner can r...
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News & Insights
Patel v Peters – Validity of section 10(7) requests
A couple of weeks ago the Court of Appeal handed down judgment in Patel v Peters [2014] EWCA Civ 335 in which the Court gave guidance on ...
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News & Insights
Serving documents under the party wall act
Many disputes between owners, and a large proportion of appeals against Party Wall Awards, are caused by notices and other documents eith...
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News & Insights
Legal presumptions as to ownership of a party wall
In my last post I discussed the effect of an express declaration in a deed that a wall was a party wall. But what is the position where t...
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News & Insights
When a harmless note becomes valuable evidence
If a dispute with a client or supplier is on the horizon, then businesses should be circumspect about the documents they amend or create,...
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News & Insights
The importance of minuting telephone calls
“You should minute telephone conversations as they are valuable evidence later on” advises Emma Moore, Senior Associate Solicitor in the...
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News & Insights
Party wall declarations in deeds
Recently I had the pleasure of speaking to the Thames Valley branch of the Pyramus and Thisbie Club. During that meeting a question was r...
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News & Insights
Histed v Prosperity Developments Limited – Party wall injunctions
A recent case in the High Court has underlined that Building Owners who commence works in breach of the Party Wall Act will be given very...
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News & Insights
2013 Moot Appeal Judgment – Smith v Jones
It has been a long-held view that party wall surveyors can only make valid awards if the building owner has served the correct notice. Th...
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News & Insights
The Perfect Mediation!
Our property dispute resolution team, were involved in a mediation last week that went like clockwork and shows how mediation can really ...
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News & Insights
Alternatives to party wall injunctions
If a building owner starts work without first serving the required notice under the Party Wall Act the adjoining owner can apply to the C...
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News & Insights
What factors should an adjoining owner’s surveyor consider wh...
Guest post by Justin Burns BSc (Hons) MRICS FFPWS of Peter Barry Party Wall Surveyors In many ways it’s the perfect job; freedom to set y...
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News & Insights
Debt claims in Magistrates Court v County Court
Party Wall Awards often provide for sums of money to be paid by one owner to another; for example, as compensation for damage caused, or ...
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News & Insights
Party Walls & the “De Minimis” rule
Many of the rights under the Party Wall Act are very wide-ranging, and have the potential to catch many building owners unaware. For exam...
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News & Insights
Party wall appeals – Review or rehearing?
Statutory appeals, such as an appeal under section 10(17) the Party Wall Act , can take one of two forms; an appeal by way of rehearing, ...