Party walls; no notice; jurisdiction Summary: Unless a notice under the Act is served on him, an adjoining owner cannot invoke the Act – “no notice, no Act”. Facts: Allegedly notifiable works, including the removal of a chimney breast, were Read More
Party walls; third surveyor award; jurisdiction; procedural irregularity Summary: On a party wall appeal, the judge rejected challenges to a third surveyor’s award based on allegations that (1) the works which caused the damage complained of were not notifiable works, Read More
Party Walls; no dispute; ultra vires; surveyors’ fees Summary: A subsequent dispute between appointing owners must be established in order to ground jurisdiction for party wall surveyors to have jurisdiction to make further awards after an initial substantive award. Facts: Read More
Party walls; appeal; ultra vires award; limitation Case summary: Between 2009 and 2013 development works were carried out at Aldford House – a property on Park Lane in London – converting the sixth and seventh floors of that building into Read More
Party walls; trespass; nuisance; damages Case Summary: In this case the Claimant, Mr Nutt, sued for an injunction and damages in respect of notifiable works carried out by the Defendants, Mr Podger and his SPV company, Veda Road Limited. In Read More
This case came before the court initially as a party wall appeal, but was followed by a boundary dispute brought by the adjoining owner. In the event, the court’s decision on the boundary claim (in favour of the adjoining owner) Read More
Party walls; jurisdiction; investigatory works; access Case Summary: Mr Ash (“Mr A”) owned the leasehold and a share of the freehold of 56A Collingbourne Road (“56CR”) and Mrs Trimnell-Ritchard (“Mrs T-R”) owned the freehold of 58 Collingbourne Road (“58CR”). Mrs Read More
On 12 November 2020 His Honour Edward Bailey gave a webinar for the Faculty of Party Wall Surveyors on the subject of “Proper Conduct for the Party Wall Surveyor”. It starts: “The aim of this Webinar is to consider what Read More
From 1st to 15th February Nick Isaac QC ran a series of 5 webinars aimed primarily at party wall practitioners, on the topics listed below. Recordings of each webinar were made, and are available at £30 for each each webinar. Read More
Anyone who has heard me speak about boundaries will know that one of my particular bugbears is the widespread ignorance about the effect of the general boundaries rule in section 60 of the Land Registration Act 2002 – for those Read More