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
Heathcote v Doal (31st January 2017)
Heathcote v Doal (unreported) 31st January 2017, Birmingham County Court Transcript available at: Heathcote v Doal 31st January 2017 Birmingham County Court (TCC) Summary: Building owner commenced section 6 works without notice; an injunction was made against him on a without notice application, was Read More
Enforcement of payments in party wall matters
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
Reeves v Young CLCC 3rd January 2017
Selection of third surveyor; estoppel; enforcement costs. Authorised judgment here: Reeves v Young Antino; C20CL109 Approved Judgment(1)
Boundary Disputes and Harassment
“For every harassment claim in a boundary dispute, there must be a harassment counterclaim” Boundary disputes, in their purest form, are very much about property law. One looks at the relevant conveyances and their plans, a measured site survey, an Read More
Foxland Management Ltd v Redab Finchley Ltd CCLC 18th November 2016
Decision making surveyor not a compellable witness. Authorised judgment here: Foxland Management Ltd v Redab Finchley Ltd 18th November 2016 HHJ Hand CLCC
Gray v Elite Town Management [2016] EWCA Civ 1318
Unnecessary inconvenience under section 7 (1) of the Party Wall etc Act 1996. Authorised judgment here: Gray v Elite Town Management [2016] EWCA Civ 1318
Non-delegable duties – the hard road for building owners in party wall cases
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
Dealing with retrospectivity in party wall matters – going forward whilst going backwards
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
SAI Ventures Ltd v Compar Properties Ltd CLCC 19th August 2016
Notice under section 3(1) and/or section 6(5); whether or not a notice can be varied; waiver. Authorised judgment here: SAI Ventures Ltd v Compar Properties Ltd CLCC 19th August 2016 HHJ Hand