Other Service: Specialist disciplines
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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
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
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
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...