Category: party walls

Measured duty of care – St John’s Chambers

Posted October 4th, 2023 in boundaries, chambers articles, duty of care, news, party walls by sally

‘Brittany Pearce, Real Estate barrister was recently involved in a dispute between neighbours concerning her client’s retaining wall, which was in disrepair and required replacement. The cost of replacing the wall with a stronger wall which didn’t encroach further on to either party’s driveway was estimated to be £25,000. The parties couldn’t agree why the wall required replacement or who should bear the cost and litigation ensued. By the end of proceedings, the parties had spent around £160,000 on legal fees and disbursements. In this article Brittany will discuss the measured duty of care as well as her thoughts on dealing with these claims in a proportionate manner.’

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St John's Chambers, 5th September 2023

Source: www.stjohnschambers.co.uk

Adjoining owners and Party Wall Act awards – Local Government Lawyer

Posted April 17th, 2023 in appeals, local government, news, party walls, surveyors by tracey

‘The Court of Appeal has ruled that Party Wall Act awards cannot be imposed on building owners by adjoining owners. Michael Paget analyses the judgment.’

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Local Government Lawyer, 14th April 2023

Source: www.localgovernmentlawyer.co.uk

Party Walls – no notice, no Act! – Tanfield Chambers

Posted March 31st, 2023 in appeals, chambers articles, compensation, costs, housing, news, party walls, surveyors by sally

‘Katie Gray discusses the Court of Appeal decision in Power & Kyson v Shah [2023] EWCA Civ 239 and the impact it has on the Party Wall Act 1996.’

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Tanfield Chambers, 24th March 2023

Source: www.tanfieldchambers.co.uk

Does the “No notice, no Act” party wall decision leave us in a no win situation? – Practical Law: Construction Blog

Posted September 15th, 2022 in news, notification, party walls, service by tracey

‘For many property practitioners, whose work comes within the orbit of the Party Wall etc. Act 1996 (PWA 1996), the High Court’s decision in Power and another v Shah earlier this year only confirmed what they already believed: if a building owner has not served a party wall notice before embarking on their works, an adjoining owner cannot invoke the dispute resolution process under section 10 of the PWA 1996 to seek redress and compensation.
But what does that mean in practical terms for the adjoining owner, and is either party better off as a result?’

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Practical Law: Construction Blog, 14th September 2022

Source: constructionblog.practicallaw.com

Extent of jurisdiction to award compensation under section 7(2) of the Party Wall Act 1996 – Practical Law: Construction Blog

Posted July 19th, 2019 in compensation, jurisdiction, news, party walls, surveyors by tracey

‘The question of just how wide a party wall surveyor’s jurisdiction is to award compensation to an adjoining owner (under section 7(2) of the Party Wall Act 1996) has been the subject of a considerable amount of debate among party wall surveyors, so every opportunity for judicial scrutiny and clarification should be welcomed. Therefore, the slightly unusual circumstances that unfolded in the 2012 unreported case of Davis v Trustees of 2 Mulberry Walk provides us with some useful guidance in relation to the operation of section 7(2).’

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Practical Law: Construction Blog, 17th July 2019

Source: constructionblog.practicallaw.com

Are you being served (electronically)? Email service under the CPR and the Party Wall Act 1996 – Practical Law: Construction Blog

Posted March 15th, 2018 in boundaries, civil procedure rules, electronic mail, news, party walls, service, surveyors by tracey

‘Two recent cases, one in the Court of Appeal, the other in the Supreme Court, have created significant uncertainty around the acceptability of email service. It seems that there may now be a disparity between the CPR and the Party Wall Act 1996, despite the similarities in the wording of the relevant provisions for the two regimes.’

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Practical Law: Construction Blog, 14th March 2018

Source: constructionblog.practicallaw.com

Reeves v Young – Tanfield Chambers

Posted February 16th, 2017 in boundaries, costs, enforcement, estoppel, news, party walls, surveyors by sally

‘Third surveyors, the impartial arbiters of the party wall world, rarely feature prominently in party wall litigation. However, there have been two recent County Court cases in which the selection and purported removal of third surveyors has been considered by the Court, in both cases HHJ Bailey in the County Court at Central London.’

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Tanfield Chambers, 2nd February 2017

Source: www.tanfieldchambers.co.uk

Time to party (over that wall) like it’s 1996 – Hardwicke Chambers

Posted December 1st, 2016 in boundaries, enforcement, news, party walls by sally

‘As the incredible rise of our transatlantic wall-building friend sets gently into the twilight of credulity, it provides us with an opportunity to get back to reality with the Party Wall etc. Act 1996 (PWA 1996).’

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Hardwicke Chambers, 1st December 2016

Source: www.hardwicke.co.uk

Patel and another v Peters and others – WLR Daily

Posted April 1st, 2014 in appeals, construction industry, dispute resolution, fees, law reports, notification, party walls, surveyors by sally

Patel and another v Peters and others [2014] EWCA Civ 335; [2014] WLR (D) 147

‘Where the surveyor of a party involved in a dispute over building works affecting adjoining properties served a request under section 10(7) of the Party Wall etc Act 1996 on the surveyor of the other party that he act effectively in respect of the subject matter referred to in the request within ten days, after which, if he did not so act, the requesting surveyor became entitled to act ex parte in respect of the matter, a continuing state of affairs was created so that the other party’s surveyor might still act effectively after that ten-day period, thereby precluding the requesting surveyor from acting ex parte, provided that the requesting surveyor had not yet proceeded so to act.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

Freetown Ltd v Assethold Ltd – WLR Daily

Posted December 20th, 2012 in appeals, doctors, law reports, party walls, service, time limits by tracey

Freetown Ltd v Assethold Ltd: [2012] EWCA Civ 1657;   [2012] WLR (D)  379

“Service of a party wall award pursuant to section 15(1) of the Party Wall etc Act 1996 was effective from the date the award was received or deemed to have been received by a party.”

WLR Daily, 14th December 2012

Source: www.iclr.co.uk

Freetown Ltd v Assethold Ltd – WLR Daily

Posted May 28th, 2012 in appeals, law reports, party walls, service, surveyors, time limits by sally

Freetown Ltd v Assethold Ltd [2012] EWHC 1351 (QB); [2012] WLR (D) 162

“Service of a surveyor’s award sent by post, pursuant to section 15(1) of the Party Wall etc Act 1996, was effected when the award was consigned to the post.”

WLR Daily, 21st May 2012

Source: www.iclr.co.uk