Blog Category: News
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News & Insights
Who is an adjoining owner?
Before the building owner starts work he must serve one or more notices on the “adjoining owner”. But who are they? The neighbours, right...
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News & Insights
Party Wall Injunctions & Costs – Nelson’s Yard Mana...
The Court of Appeal recently gave judgment in Nelson’s Yard Management Co v Eziefula [2013] EWCA Civ 235, a case concerning whether...
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News & Insights
Boundary disputes 3 – Adverse possession
In my last posts, I looked at how to establish who is the “paper owner” of the land subject to a boundary dispute; that is, t...
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News & Insights
Boundary disputes 2 – The surveyor’s report
In my last post I explained that the starting point in any boundary dispute is to find and analyse the first conveyance. In this post I w...
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News & Insights
Boundary disputes 1 – Find the first conveyance
Following on from my earlier post, this is the first in a series that will set out the approach that the Courts and Land Registry Adjudic...
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News & Insights
Today is the Roman festival of “Terminalia”…..
….. which celebrates the Roman god Terminus, who was tasked with the protection of boundary markers. Where Roman estates adjoined they we...
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News & Insights
Basement excavations & damages for loss of value
Basement excavations are becoming increasingly popular in London and the South-East, and I am often asked to advise on the impact the wor...
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News & Insights
Consent, damages & trespass to a party wall – Seeff v Ho
The Court of Appeal recently considered in Seeff v Ho [2011] EWCA Civ 186 the nature of an alleged oral waiver of the obligations under t...
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News & Insights
Security for expenses – Kaye v Lawrence
It has long been thought that an adjoining owner could only request security from the building owner under s. 12(1) of the Party wall etc...
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News & Insights
Party walls, injunctions and exemplary damages
Two recent decisions of the High Court send a salutary message to developers who recklessly infringe the property rights of others, and c...
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News & Insights
Party walls & The Great Fire of London
As every party wall surveyor knows, the Party Wall etc. Act 1996 has its origins in legislation passed shortly after the Great Fire of Lo...