Does the “No notice, no Act” party wall decision leave us in a no win situation?
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 … Continue reading Does the “No notice, no Act” party wall decision leave us in a no win situation?
Extent of jurisdiction to award compensation under section 7(2) of the Party Wall Act 1996
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 … Continue reading Extent of jurisdiction to award compensation under section 7(2) of the Party Wall Act 1996
One dispute yields two useful Party Wall Act decisions
Party wall disputes may be common, but it is uncommon for them to reach the High Court. Therefore, practitioners will be surprised to see that one dispute between neighbours in North London (Lea Valley Developments Ltd and Mr Thomas Derbyshire) has yielded two useful TCC decisions relating to the Party Wall etc. Act 1996 (PWA … Continue reading One dispute yields two useful Party Wall Act decisions
Buying a property? Don’t forget about the Party Wall Act 1996
When buying a property, the Commercial Property Standard Enquiries (CPSE.1) (enquiries 1.3 and 2) provide standard form, specific enquiries about party walls. However, those enquiries only ask about breaches of the Party Wall etc. Act 1996 (PWA 1996) relating to party structures on the boundary of the site, and to provide copies of any notices, awards and … Continue reading Buying a property? Don’t forget about the Party Wall Act 1996
Don’t forget about section 12 of the Party Wall Act
The existence of section 12 of the Party Wall etc. Act 1996 (PWA) is often overlooked and yet its importance should not be. It confers on both a building owner and an adjoining owner the right, in certain circumstances, to require the other to give security for the expenses that may be incurred when works are … Continue reading Don’t forget about section 12 of the Party Wall Act
