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
Gates on Rights of Way
I am regularly asked to advise on the subject of gates on rights of way. Usually the situation is that Mr Smith, the owner of land over which Mr Jones’ right of way runs, decides to erect, or does in Read More
Mills v Savage (15th June 2016)
Mills v Savage (Unreported, 15th June 2016) Central London County Court Transcript available from: Mills v Savage CLCC 15th June 2016 Summary: This was a hearing of three preliminary issues in relation to three separate party wall appeals brought by the Mills against Read More
Warning off prescriptive rights – Winterburn v Bennett
There is a social cost to confrontation and, unless absolutely necessary, the law of property should not require confrontation in order for people to retain and defend what is theirs The Court of Appeal has very recently decided the case Read More
Tenants and Easements
I have been asked to write an article dealing with whether tenants can (1) acquire, or (2) enjoy easements. The question I was originally asked also included reference to tenants “without a written lease”. However, there is no real difference Read More
Service by e-mail in party wall matters
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
Farrs Lane Development Ltd (R on the application of) v Bristol Magistrates’ Court – 9th February 2016
Judicial Review of Magistrates’ Court enforcement of Party Wall Awards; scope of awards; joining surveyors to Party Wall Appeals. Authorised judgment here: Farrs Lane Development Ltd (R on the application of) v Bristol Magistrates’ Court (Judgment)
Schmid v Hulls (4th February 2016)
Preliminary issue; validity of notice; waiver/estoppel re invalid notice; scope of jurisdiction. Authorised judgment here: Schmid v Hulls (Approved Judgment) B02EC345
Resolving boundary disputes – Lesson 5: The expert’s report
When boundary disputes reach court, judges quite rightly like to hear expert evidence to assist them in determining the dispute. Such evidence is, in the first instance, in the form of a written report, to which is attached, as appendices Read More
Resolving boundary disputes – Lesson 4: The measured site survey
From a lawyer’s or court’s perspective, the most important contribution a surveyor makes to the resolution of boundary disputes is the production of a good measured site survey. This is the objective evidence against which all other evidence is measured Read More