Posts Tagged ‘Party Structure Notice’

Party Walls & the “De Minimis” rule

Many of the rights under the Party Wall Act are very wide-ranging, and have the potential to catch many building owners unaware. For example, the right under section 2(2)(a) to "thicken" a party wall might well include plastering the wall becuase it increases the width of the wall, or the right under section 2(2)(f) to "...cut into a party structure for any purpose..." might well include cutting in chasings, or even drilling into the ...

Party wall notices and joint owners

Tricky situations can arise where there is more than one owner of land or buildings that are subject to the Party Wall Act, as it may not be possible to locate all of the owners. Can a notice be served if only one of the building owners is available? What happens if all of the adjoining owners have been identified, but one of the joint owners cannot be traced? Adjoining owners

Who is an adjoining owner?

Before the building owner starts work he must serve one or more notices on the “adjoining owner”. But who are they? The neighbours, right? Well yes, but it is not necessarily that simple “Adjoining owner” is defined in section 20 of the 1996 Act as “any owner … of buildings, storeys, or room adjoining those of the building owner”. So far, so good. But what is meant by “owner”?[pullquote_right]If an adjoining ...

Date of service of party wall award – Freetown Ltd v Assethold Ltd

In Freetown Limited v Assethold Limited [2012] EWCA Civ 1657 a party wall appeal under section 10(17) of the Party Wall etc. Act 1996, the Court of Appeal has given some much needed guidance on the service provisions of section 15 of the Party Wall etc. Act 1996. Freetown is the freehold owner of 12 Westport Street, London. Assethold had a long lease of the adjoining property, 4 ...