What is a Party Wall

What is a Party Wall? The government has produced a booklet Section 20 of the act interprets “party fence wall” means a wall (not being part of a building) which stands on lands of different owners and is used or constructed to be used for separating such adjoining lands, but does not include a wall… Continue reading What is a Party Wall

Boundary Disputes

Does the Party Wall Act cover Boundary disputes? This post has emerged following a phone call this morning. Facts: Party Fence Wall/Fence in place – no dispute exists.  Notices served, surveyors appointed, award in place, extension built by Building Owner on Party Wall.  A year later Building Owner places fence in line with outer edge… Continue reading Boundary Disputes

Type A & B Party Walls

Type A & B Party Wall Beware the loss of your property rights by incompetent Party Wall Surveyors incorrectly advising what is a Type B Party Wall A type B Party Wall is a wall (or part of a wall) which is legally owned by two owners. A wall which has been enclosed upon without… Continue reading Type A & B Party Walls

Type B Party Wall

Type B Party Wall The Party Wall Act can not be used to legalise trespass  – The Type B Party Wall A building is a structure with roof and walls;  A Building is owned by an owner.  A part B party wall separates two buildings owned by different owners but does not stand on the… Continue reading Type B Party Wall

The Law, The Party Wall Surveyor & The Third Surveyor

Party Wall Law If a Party Wall Surveyor can not understand, interpret, advise on and apply the law they are unfit for purpose English and Welsh Law The law can be classified and divided as follows: LAW Public Private Criminal Contract Administrative Tort Constitutional Property Public law affects everyone Constitutional Law determines who will govern… Continue reading The Law, The Party Wall Surveyor & The Third Surveyor

Interpretation & Spirit of the Party Wall Act

Party Wall act Interpretation Party Wall Surveyors must interpret the act via its wording, case law, section 20; interpretation and its spirit which is contained within its second reading in the house of Lords https://api.parliament.uk/historic-hansard/lords/1996/jan/31/party-wall-bill-hl The spirit of the act is as follows: Extend from London to England and Wales Jurisdiction to Party Wall Surveyors To… Continue reading Interpretation & Spirit of the Party Wall Act

Party Wall Act Case Law

Party Wall Case Law Case Law – The Party Wall Act came into being in 1996; however it stands on the shoulders of over a hundred years of Party Wall case law and statute.  Case law is the interpretation of statute by reference to precedent.  The case law maker, the modern judge is required not to… Continue reading Party Wall Act Case Law

Avoiding a monopolistic Party Wall Institution

Avoiding a monopolistic Party Wall Institution and Why Section 20’s purpose is to ensure healthy competition, ethical behavior and fairness. If there was only one Party Wall Institute/organisation fees would escalate (monopoly pricing) as would unsavory and unethical networks, the unnecessary use of professionals such as checking engineers etc. and the monopolistic institute/organisation would select… Continue reading Avoiding a monopolistic Party Wall Institution