Q&As

Are party wall awards personal to the parties, or do they bind successors in title?

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Published on LexisPSL on 17/07/2015

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Are party wall awards personal to the parties, or do they bind successors in title?

Are party wall awards personal to the parties, or do they bind successors in title?

Section 20 of the Party Wall etc. Act 1996 defines the building owner as:

an owner of land who is desirous of exercising rights under this Act

Successors in title to the owner are not referred to here and this may have the effect of making the award personal. The Act does not contain any mechanism providing for the assignment of party wall awards.

Although the issue does not appear to have been tested in court, accepted prudent practice is to treat the award as personal to the original parties.

Although not specifically on the point, the case of Observatory Hill Ltd v Camtel Investments SA [1997] 1

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