Party wall disputes

View Property Disputes by content type:

Latest Property Disputes News

Featured Property Disputes content

Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
Read More >
9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
Read More >
9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
Read More >
9th Nov
Practice notes
The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
Read More >
9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
Read More >
9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
Read More >
9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
Read More >
9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
Read More >
9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
Read More >
9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
Read More >
9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
Read More >
9th Nov
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
9th Nov
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
9th Nov
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
Read More >
9th Nov

Most recent Party wall disputes content

Practice notes
The Party Wall etc Act 1996 (PWA 1996) imposes rights and obligations on property owners who wish to:•work on existing party walls or...
Read More >
8th Apr
Practice notes
Do I always need to serve a party wall notice?If there is a party wall involved, then yes, unless the work is to an existing party wall or party fence...
Read More >
8th Apr
Practice notes
This Practice Note explains the circumstances in which the cost of party wall works can be shared, the right of adjoining owners and building owners...
Read More >
8th Apr
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
8th Apr
Practice notes
The Party Wall etc Act 1996 (PWA 1996) provides a framework that controls how a building owner who shares a boundary with an adjoining owner can carry...
Read More >
2nd Mar
Precedents
To: [Insert Building Owner]Of: [Insert Building Owner’s main address]As [Insert Adjoining [Owner OR Owners]] under the Party Wall etc Act 1996 (the...
Read More >
Produced in partnership with Victoria Jones 12th Feb
Q&As
A ‘party wall’ is defined by the Party Wall etc Act 1996 (PWA 1996). See Practice Note: Party Wall works—notices, disputes and awards and commentary:...
Read More >
Produced in partnership with Kevin Leigh of No 5 Chambers 22nd Jan
Q&As
This question raises the issue of the rights adjoining owners owe one another where a fence separates their lands.The location of boundaries on the...
Read More >
Produced in partnership with Stephen Murch of 42 Bedford Row 22nd Jan
Q&As
The Party Wall process derives from the Party Wall etc Act 1996 (PWA 1996). Unfortunately, the PWA 1996 does not contain any enforcement methods (see...
Read More >
22nd Jan
Q&As
In this Q&A we assume that:•both the tenant and the landlord will fall within the definition of ‘owner’ under section 20 of the Party Wall etc Act...
Read More >
22nd Jan
Q&As
It will depend on the reason why the wall is being damaged. If the adjoining owner has done works to their land, and this results in pressure building...
Read More >
Produced in partnership with Lawrence McDonald of Exchange Chambers 22nd Jan
Q&As
The notice is assumed to have been correctly served.Party Wall Act noticesThe Party Wall etc Act 1996 (PWA 1996) enables an owner of a property to...
Read More >
Produced in partnership with Kate Andrews of Hamlins 22nd Jan
Q&As
For the purposes of this Q&A, it is assumed that:•there are no details of the nature or urgency of remedial works•there are no details as to precise...
Read More >
Produced in partnership with Kate Andrews of Hamlins 22nd Jan
Q&As
Party Wall etc Act 1996 procedureThe Party Wall etc Act 1996 (PWA 1996) contains a procedure, including notification provisions, which the owner of a...
Read More >
22nd Jan
Q&As
Case studyThe owner is building an extension on property A and needs to erect scaffolding on property B to do so. The works are not repair works and...
Read More >
Produced in partnership with Christopher Snell of New Square Chambers 8th Jan

Popular documents