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
Five things we have learnt about party walls…
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