Party Walls

Law and Practice

Partywalls3edcov_full_cover

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Published:
December 2009
Edition:
3rd
Format:
Papercover
ISBN:
978 1 84661 179 7
Author:
Stephen Bickford-Smith, Colin Sydenham, Alistair Redler
Category:
Property and Housing

An authoritative explanation of the law regulating the building, maintenance and repair of party walls, and sets out the process for settling disputes between parties.

Party Walls: Law and Practice provides an authoritative explanation of the law regulating the building, maintenance and repair of party walls, and sets out the process for settling disputes between parties under the Party Wall etc Act 1996.

This third edition has been fully updated and considerably expanded to incorporate the key developments, including:

  • important case-law such as Zissis v Lukomski [2006] on the appropriate procedure  for appeals, Manu v Euroview Estates [2008] which contains a review of a number  of important practical issues relating to party walls procedure, and Blake v Reeves  [2009] concerning the limits of the surveyors’ power to award costs of legal  proceedings;
  • a new chapter on the Practical Role of the Party Wall Surveyor; and
  • a new section on remedies for failure to comply with procedures under the Act.

A comprehensive selection of precedents is provided, including notices, appeals, requests and awards, together with the full text of the Party Wall etc Act 1996.

Party Walls: Law and Practice is essential reading for all property lawyers, surveyors

 

Stephen Bickford-Smith, Barrister, Landmark Chambers
Colin Sydenham
Alistair Redler, Partner, Delva Patman Associates

  • Introduction
  • Application of the Act
  • Rights of Building Owners
  • Adjacent Excavation and Construction
  • Special Foundations
  • Ancillary Rights and Obligations
  • Rights of Entry
  • The Award - Procedure and Scope
  • The Award - Effect and Enforcement
  • Rights of Appeal
  • Financial Matters
  • Security for Expenses
  • Service of Notices
  • Successors in Title
  • Relationship with Other Areas of Law
  • The Practical Role of the Party Wall Surveyor
  • Criminal Offences
  • Reform

Appendices

  • Party Wall Etc Act 1996
  • London Building Acts (Amendment) Act 1939
  • Checklists of Notices
  • Precedents
  • The Party Wall etc Bill in Parliament
  • Errors and Inconsistencies

"an indispensable guide to party walls ... if you haven't already done so go out and order your copy now"
Solicitors Journal

"invaluable for legal practitioners, architects, surveyors and builders ... the overall utility of the book cannot be overemphasised"
New Law Journal

"a book that is written by practising lawyers with the whole gamut of surveyors, land agents, lawyers, architects and civil engineers in mind. This book attempts and, in my view, succeeds admirably in filling the void"

"Alistair Redler' chapter, which follows the surveying process through from appointment to agreement and then on to the referral to a third surveyor if agreement cannot be reached, is easy to read, logical and will, I am sure, become the most thumbed part of this book for thos who count themselves as beginners"

"clearest diagrams I have seen to date showing exactly what is and what isn't a party wall and what is and isn't a party fence wall"

"i cannot think of a building layout or multiple ownership situation which cannot be easily found in this book"

"it should be on the corner of every construction/building professional's desk"
David Powell MAE


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