Easements; rights of way; rule in Harris v Flower; ancillary use of land for parking; loading and unloading. Authorised Judgment here: Gore v Naheed [2017] EWCA Civ 369
Lea Valley Development Ltd v Derbyshire [2017] EWHC 1243 (TCC)
Basis for compensation under the Act; jurisdiction of the Court to make a declaration where party wall surveyors are already appointed. Authorised judgment here: Lea Valley Development Ltd v Derbyshire [2017] EWHC 1243 (TCC)
Edward H Whybrow Co Ltd v James
Edward H Whybrow Co Ltd v James (5th April 2017) Transcript here: Whybrow v James 5th April 2017 Central London County Court Summary: The adjoining owner (Whybrow) appealed an award which provided for some (completion) works to be carried out by the building owner (the Jameses), Read More
Security for Expenses – What can security cover?
Section 12(1) of the Party Wall etc. Act 1996 (“the Act”) provides that an adjoining owner “may serve a notice requiring the building owner before he begins any work in the exercise of the rights conferred by this Act Read More
Selection and “de-selection” of third surveyors
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