Section LXXXV – Rules as to Exercise of Rights by Building and Adjoining Owners

Metropolitan Building Act 1855

The following Rules shall be observed with respect to the Exercise by Building Owners and Adjoining Owners of their respective Rights:—

(1) No Building Owner shall, except with the Consent of the Adjoining Owner, or in Cases where any Party Structure is dangerous, in which Cases the Provisions hereby made as to dangerous Structures shall apply, exercise any Right hereby given in respect of any Party Structure, unless he has given at the least Three Months previous Notice to the Adjoining Owner by delivering the same to him personally, or by sending it by Post in a registered Letter addressed to such Owner at his last known Place of Abode:

(2) The Notice so given shall be in Writing or printed, and shall state the Nature of the proposed Work, and the Time at which such Work is proposed to be commenced:

(3) No Building Owner shall exercise any Right hereby given to him in such Manner or at such Time as to cause unnecessary Inconvenience to the Adjoining Owner:

(4) Upon the Receipt of such Notice the Adjoining Owner may require the Building Owner to build, or may himself build on any such Party Structure, any Works to the Construction of which he is herein-before mentioned to be entitled:

(5) Any Requisition so made by an Adjoining Owner shall be in Writing or printed, and shall be delivered personally to the Building Owner within One Month after the Date of the Notice being given by him, or be sent by Post in a registered Letter addressed to him at his last known Place of Residence: It shall specify the Works required by the Adjoining Owner for his Convenience, and shall, if necessary, be accompanied with explanatory Plans and Drawings:

(6) If either Owner does not, within Fourteen Days after the Delivery to him of any Notice or Requisition, express his Consent thereto, he shall be considered as having dissented therefrom, and thereupon a Difference shall be deemed to have arisen between the Building Owner and the Adjoining Owner:

(7) In all Cases not hereby specially provided for, where a Difference arises between a Building Owner and Adjoining Owner in respect of any Matter arising under this Act, unless both Parties concur in the Appointment of One Surveyor, they shall each appoint a Surveyor, and the Two Surveyors so appointed shall select a Third Surveyor, and such One Surveyor or Three Surveyors, or any Two of them, shall settle any Matter in Dispute between such Building and Adjoining Owner, with Power by his or their Award to determine the Right to do, and the Time and Manner of doing any Work, and generally any other Matter arising out of or incidental to such Difference; but any Time so appointed for doing any Work shall not commence until after the Expiration of such Period of Three Months, as is herein-before mentioned:

(8) Any Award given by such One Surveyor, or by such Three Surveyors, or any Two of them, shall be conclusive, and shall not be questioned in any Court, with this Exception, that either of the Parties to the Difference may appeal therefrom to the County Court, within Fourteen Days from the Date of the Delivery of any such Award as aforesaid, and such County Court may, subject as herein-after mentioned, rescind or modify the Award so given in such Manner as it thinks just:

(9) If either Party to the Difference makes default in appointing a Surveyor for Ten Days after Notice has been given to him by the other Party in manner aforesaid to make such Appointment, the Party giving the Notice may make the Appointment in the Place of the Party so making default:

(10) The Costs incurred in obtaining any such Award as aforesaid shall be paid by such Party as such One Surveyor, or Three Surveyors, or any Two of them, may determine:

(11) If the Appellant from any such Award as aforesaid, on appearing before the County Court, declares his Unwillingness to have the Matter decided by such Court, and proves, to the Satisfaction of the Judge of such Court, that, in the event of the Matter being decided against him, he will be liable to pay a Sum, exclusive of Costs, exceeding Fifty Pounds and gives Security, to be approved by such Judge, duly to prosecute his Appeal and to abide the Event thereof, all Proceedings in the County Court shall thereupon be stayed; and it shall be lawful for such Appellant to bring an Action in One of Her Majesty’s Superior Courts of Law at Westminster against the other Party to the Difference; and the Plaintiff in such Action shall deliver to the Defendants an Issue or Issues whereby the Matters in difference between them may be tried; and the Form of such Issue or Issues, in case of Dispute, or in case of the Nonappearance of the Defendant, shall be settled by the Court in which the Action is brought; and such Action shall be prosecuted and Issue or Issues tried in the same Manner and subject to the same Incidents in and subject to which Actions are prosecuted and Issues tried in other Cases within the Jurisdiction of such Court, or as near thereto as Circumstances admit:

(12) If the Parties to any such Action agree as to the Facts, a special Case may be stated for the Opinion of any such Superior Court as aforesaid, and any Case so stated may be brought before the Court in like Manner and subject to the same Incidents in and subject to which other special Cases are brought before such Court, or as near thereto as Circumstances admit; and any Costs that may have been incurred in the County Court by the Parties to such Action as is mentioned in this Section, shall be deemed to be Costs incurred in such Action, and be payable accordingly.

Metropolitan Building Act 1855