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Proper Conduct for the party Wall Surveyor

January 20, 2021January 20, 2021 admin

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

Articles, Party Wall Articles, Webinarsbehaviour, independence, surveyor1 Comment

What is wrong with a determined boundary?

November 20, 2020November 20, 2020 admin

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

Articles, Boundary ArticlesdeterminedboundaryLeave a comment

Shah v Kyson, 2 March 2020

May 30, 2020May 30, 2020 admin

Party Walls: whether Act can be invoked absent a notice; jurisdiction of surveyors N.b. permission to appeal is currently being sought against this decision. A full copy of the judgment can be found here

Articles, Case Summaries and Cases, Party Wall Cases, Uncategorized1 Comment

What can party wall surveyors learn from arbitration? (part 3)

January 16, 2020January 13, 2020 admin

This is the third and final in a short series of articles suggesting some learning points for party wall surveyors arising from consideration of selected Articles from the UNCITRAL arbitration rules 2013 (“the Rules”). Article 17(1): “Subject to these Rules, Read More

Articles, Party Wall Articlesarbitration, UNCITRALLeave a comment

What can party wall surveyors learn from arbitration? (part 2)

January 13, 2020March 19, 2020 admin

This is the second in a short series of articles suggesting some learning points for party wall surveyors arising from consideration of selected Articles from the UNCITRAL arbitration rules 2013 (“the Rules”). Article 3(5): “The constitution of the arbitral tribunal shall not Read More

Articles, Party Wall Articlesarbitration, UNCITRALLeave a comment

What can party wall surveyors learn from arbitration? (Part 1)

November 26, 2019November 26, 2019 admin

Although the language of section 10 of the Party Wall etc. Act 1996 (“the Act”) undoubtedly uses the language of arbitration – “award” “dispute” “determination” – it is well established, that the dispute resolution process under the Act is not Read More

Articles, Party Wall Articlesarbitration, partywallsLeave a comment

Resolving boundary disputes – Lesson 6: Mediation

October 2, 2018October 10, 2018 admin

  In my final article in this beginner’s series to resolving boundary disputes, I want to talk a little about resolving such disputes outside the courtroom, namely by way of mediation. For those who have not come across mediation, it Read More

Boundary ArticlesADR, boundaries, mediation3 Comments

Section 7(2) compensation under the Party Wall etc. Act 1996, the duty to mitigate, and alternative accommodation

August 13, 2018 admin

What is the surveyors’ jurisdiction in respect of compensation under section 7(2) of the Party Wall etc Act 1996 (“the Act”), does this extend to compensation for the cost alternative accommodation, and does the adjoining owner have a duty to Read More

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Service and the “last known address”

April 3, 2018March 31, 2018 admin

Although much has been written on service recently in the wake of the Court of Appeal’s decision in Knight v Goulandris which dealt with service by e-mail under the Party Wall etc. Act 1996 (“the Act”), an interesting point on service also Read More

Articles, Party Wall Articlesnotices, partywall, service1 Comment

When to appeal a party wall award – and when not to

February 6, 2018February 13, 2018 admin

Each year in England and Wales many thousand party wall awards are made under the Party Wall etc Act 1996 (“the Act”); a few hundred such awards are appealed under section 10(17) of the Act, and maybe a hundred or Read More

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