Archive for the ‘Party Wall Moot’ Category

2013 Moot Appeal Judgment – Smith v Jones

It has been a long-held view that party wall surveyors can only make valid awards if the building owner has served the correct notice. This was the view expressed by the Court of Appeal in Louis v Sadiq in respect of the earlier London Building Acts, and certainly was the case under section 55(i) of the London Building Acts (Amendment) Act 1939 which expressly referred to a notice being served. If a ...

Basement excavations & damages for loss of value

November 29, 2012  |   Basements,Party Wall Blog,Party Wall Moot   |     | ?>

Basement excavations are becoming increasingly popular in London and the South-East, and I am often asked to advise on the impact the works may have on the value of adjoining premises. This issue arises particularly where the basement is to be constructed in such a way that it might prevent future development of neighbouring properties. [pullquote_right]... loss of value to a property caused by a neighbouring basement excavation could be recoverable ... [/pullquote_right]

Can surveyors enforce a party wall award?

July 23, 2012  |   Party Wall Blog,Party Wall Moot   |     | ?>

Where one of the owners has failed or refused to comply with the terms of an award, most commonly in respect of payment of their fees, many surveyors attempt to enforce the award in Court themselves. However, this approach is questionable. In July 2010 I organised a mock appeal on this point which was based on hypothetical facts. The "Appeal" was heard by Mr Justice Akenhead, the judge in charge of the ...