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Selection and “de-selection” of third surveyors

February 2, 2017December 13, 2017 admin

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 Read More

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Enforcement of payments in party wall matters

January 5, 2017December 13, 2017 admin

Surveyors are often, and understandably, concerned as to how they can ensure that they are paid for the work they do as party wall surveyors. In this article I set out how they can use the law to assist them. Read More

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Non-delegable duties – the hard road for building owners in party wall cases

October 10, 2016December 13, 2017 admin

Building owners carrying out notifiable party wall works, usually basement extensions, which cause damage to adjoining owner’s buildings, have been known to say “Terribly sorry old chap, but you will understand that I employed top-notch contractors, and the law says Read More

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Dealing with retrospectivity in party wall matters – going forward whilst going backwards

September 22, 2016December 13, 2017 admin

From time to time party wall surveyors will come across the situation where notifiable party wall works have been commenced by a building owner, either without a notice being served at all, or where a notice has been served, but Read More

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Five things we have learnt about party walls…

August 7, 2016December 13, 2017 admin

The academic and legal years have come to a close. So what have we learnt about party walls over the last twelve months? (1) Special foundations are becoming rarer – the case of Chaturachinda v Fairholmedecided on 23rd September 2015 found Read More

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Service by e-mail in party wall matters

March 18, 2016December 13, 2017 admin

The Party Wall etc. Act 1996 (Electronic Communications) Order 2016   From 6th April 2016 the above order – SI 2016/335 (“the Order”) amends the Party Wall etc. Act 1996 (“the Act”) so as to explicitly permit the service of Read More

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Surveyors don’t make good Respondents (to party wall appeals)

November 27, 2015December 13, 2017 admin

It is very tempting for building owners and adjoining owners under the Party Wall etc. Act 1996 (“the Act”) to commence appeals against awards they think are wrong. The Act gives them the right to do so under section 10(17), Read More

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For those about to party (wall)

June 9, 2015December 13, 2017 admin

Five things owners should know about the Party Wall etc. Act 1996 1. Once you appoint a surveyor under section 10 of the Act, you cannot sack him – so choose carefully, and choose someone who knows what they are Read More

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