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
Property Supply and Development Ltd v Verity 17th December 2015
Application of section 10(4) of the Act – appointing the ‘other side’s surveyor’; invalid Addendum Award. Authorised judgment here: Property Supply and Development Ltd v Verity 17th December 2015
Resolving boundary disputes – Lesson 3: Construing the parcels clause
“But those are just words!” There is a very natural tendency, shared by lawyers and surveyors just as much as by property owners, to turn straight to the plan attached to a conveyance as soon as any question as to Read More
Resolving boundary disputes – Lesson 2: Originating conveyances
“Find me the originating conveyance!” Where a boundary is disputed, any litigant, surveyor or lawyer should always start by trying to find the “originating conveyance”. What is it, and why is it important? Often, when one is looking at two Read More
Resolving boundary disputes – Lesson 1: Boundaries and Land Registry plans
Land Registry plans do not show where the boundary is. I have lost count of the number of times I have had to say this to clients clutching their Land Registry plans and insisting that their neighbours have encroached onto Read More
Surveyors don’t make good Respondents (to party wall appeals)
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
Chaturachinda v Fairholme (23rd September 2015)
Chaturachinda v Fairholme (Unreported, 23rd September 2015) Transcript available from: Chaturachinda v Fairholme B20CL030 Summary This was HHJ Bailey’s decision on the preliminary issue of whether a particular design of underpinning to be used in a basement extension constituted special foundations for the Read More