Party Wall Blog
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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
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
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, ...
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News & Insights
How to calculate compensation for breaching the party wall act
Where the building owner infringes an adjoining owner’s property rights, for example by enclosing upon their wall, the surveyors ma...
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News & Insights
Party wall notices and joint owners
Tricky situations can arise where there is more than one owner of land or buildings that are subject to the Party Wall Act, as it may not...
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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
Party walls and “raising downwards”
This post started life as part of a discussion on LinkedIn, but I thought the subject deserved more lengthy treatment. An unfortunately c...
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News & Insights
Can surveyors enforce a party wall award?
Where one of the owners has failed or refused to comply with the terms of an award, most commonly in respect of payment of their fees, ma...
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News & Insights
Date of service of party wall award – Freetown Ltd v Assethol...
In Freetown Limited v Assethold Limited [2012] EWCA Civ 1657 a party wall appeal under section 10(17) of the Party Wall etc. Act 1996, th...
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News & Insights
Harrassment of adjoining owners and damages for trespass – Jo...
In July 2011 the Court of Appeal handed down its judgment in Jones & Lovegrove v Ruth & Ruth [2011] EWCA Civ 804. The case is int...