Party Wall Blog
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News & Insights
Privilege and the party wall surveyor’s file
In a number of cases I have advised on recently the party wall surveyors have declined to provide information from their file on that bas...
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News & Insights
Serving notices by email
On 10 March 2016 the Department for Communities and Local Government approved the first amendment to the Party Wall etc. Act since it was...
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News & Insights
Bridgland v Earlsmead Estates Limited: unnecessary inconvenience
On 1 July 2015 His Honour Judge Grant handed down judgment in Bridgland v Earlsmead Estates Limited [2015] EWHC B8 (TCC) in which the Tec...
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News & Insights
Checking whether a party wall notice is valid
A common problem faced by surveyors is ascertaining whether or not a notice served by or on behalf of a building owner (or more rarely an...
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News & Insights
Limitation periods and the party wall act
This post started life as a discussion on LinkedIn that generated a fair bit of debate, and I thought it would be helpful to surmise what...
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News & Insights
Trespassing walls, injunctions and damages
If a building owner builds a wall wholly or partly on the adjoining owner’s land without consent the adjoining owner may apply to the Cou...
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News & Insights
Damages for trespassing foundations
In my last post I looked at what remedies were available to an adjoining owner when faced with underpinning that has encroached onto thei...
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News & Insights
Removing trespassing foundations
Over the last 18 months I have seen an increasing number of cases where the underpinning from one development has encroached upon adjoini...
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News & Insights
Security for expenses part 2 – Forms of security
In my last post I looked at a possible limit on the ability for the adjoining owner to request security for expenses under section 12 of ...
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News & Insights
Security for expenses part 1 Types or work
This is the first of two posts that look at Security for Expenses and, in particular the type of works for which security may be availabl...
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News & Insights
VAT on a party wall surveyor’s fees
It has long been the practice of adjoining owner’s surveyor to make out their invoice to the building owner, because it is usually the bu...
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News & Insights
Can surveyors make a party wall award without a notice?
It had long been thought that party wall surveyors could only make an award if the building owner had served a notice. This was the view ...
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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...