Year: 2019

Party Wall may be used in 4 different legal senses “party fence wall” means a wall (not being part of a building) which stands on lands of different owners and is used or constructed to be used for separating such adjoining lands, but does not include a wall constructed on the land of one owner… Continue reading Party Wall has 4 different legal senses

Type A & B Party Wall Beware the loss of your property rights by incompetent Party Wall Surveyors incorrectly advising what is a Type B Party Wall A type B Party Wall is a wall (or part of a wall) which is legally owned by two owners. A wall which has been enclosed upon without… Continue reading Type A & B Party Walls

Type B Party Wall The Party Wall Act can not be used to legalise trespass  – The Type B Party Wall A building is a structure with roof and walls;  A Building is owned by an owner.  A part B party wall separates two buildings owned by different owners but does not stand on the… Continue reading Type B Party Wall

Options available to the adjoining owner The options available to an Adjoining Owner are dependent on the circumstances prevailing, let us explore them in turn: The Adjoining Owner receives a letter from a surveyor when the Building Owner has not served notices This is known as coffin chasing or cold calling and is an unethical… Continue reading Options available to Adjoining Owners

Party Wall Law If a Party Wall Surveyor can not understand, interpret, advise on and apply the law they are unfit for purpose English and Welsh Law The law can be classified and divided as follows: LAW Public Private Criminal Contract Administrative Tort Constitutional Property Public law affects everyone Constitutional Law determines who will govern… Continue reading Party Wall Law

Party Wall act Interpretation Party Wall Surveyors must interpret the act via its wording, case law, section 20; interpretation and its spirit which is contained within its second reading in the house of Lords https://api.parliament.uk/historic-hansard/lords/1996/jan/31/party-wall-bill-hl The spirit of the act is as follows: Extend from London to England and Wales Jurisdiction to Party Wall Surveyors To… Continue reading Interpretation & Spirit of the Party Wall Act

Party Wall Case Law Case Law – The Party Wall Act came into being in 1996; however it stands on the shoulders of over a hundred years of Party Wall case law and statute.  Case law is the interpretation of statute by reference to precedent.  The case law maker, the modern judge is required not to… Continue reading Party Wall Act Case Law

Avoiding a monopolistic Party Wall Institution and Why Section 20’s purpose is to ensure healthy competition, ethical behavior and fairness. If there was only one Party Wall Institute/organisation fees would escalate (monopoly pricing) as would unsavory and unethical networks, the unnecessary use of professionals such as checking engineers etc. and the monopolistic institute/organisation would select… Continue reading Avoiding a monopolistic Party Wall Institution

Methods of Serving Party Wall Notices, Awards etc Section 15 of the act describes methods for serving notices, awards etc required under the act. Party Wall Surveyors were trained to pedantically follow the methods of serving and did so – this is probably due to their lack of understanding of the law and how to… Continue reading Methods of Serving Party Wall Notices, Awards etc

What is a Party Wall Dispute and how is it settled? A party wall dispute arises or is deemed to have arisen in given circumstances as described within the act: Described as arises 1 New building on line of junction. 1 (8)   Where any dispute arises under this section between the building owner and any… Continue reading What is a Party Wall Dispute and how is it settled?