Party walls disputes

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Precedents
To [Insert name of building owner] (‘Building Owner’)Of [insert Building Owner’s main address]The Party Wall etc Act 1996Acknowledgement of NoticeAs...
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19th May
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...
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19th May
Precedents
1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...
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19th May
Q&As
In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...
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Produced in partnership with Desmond Kilcoyne 19th May
Q&As
When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
Practice notes
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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19th May
Practice notes
This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
Practice notes
This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...
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19th May
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...
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19th May
Q&As
Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Practice notes
This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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19th May
Q&As
Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Most recent Party walls disputes content

Q&As
Other than bringing a claim in tort, what is the simplest way a party may enforce an award made pursuant to the Party Wall etc Act 1996?The Party Wall...
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1st Aug
Q&As
Does the Access to Neighbouring Land Act 1992 give a property owner a right to go on to a neighbour's property to build a new boundary wall, rather...
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1st Aug
Q&As
Where the wall to a house has been damaged by work carried out by contractors to an adjoining garden wall, who is liable to the house owner for the...
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Produced in partnership with Kate Andrews of Hamlins 1st Aug
Q&As
Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?The Party Wall etc Act 1996 (PWA...
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Produced in partnership with Kevin Leigh of No 5 Chambers 1st Aug
Q&As
I have been asked to prepare a document dealing with works to a party wall. This will be the partial demolition to a certain height. Do you have a...
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1st Aug
Q&As
Where, under the Party Wall etc Act 1996, a building owner fails to comply with the requirements to serve a notice on the adjoining owner would the...
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1st Aug
Q&As
Can a Party Wall Act notice be withdrawn once it has been served?The notice is assumed to have been correctly served.Party Wall Act noticesThe Party...
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Produced in partnership with Kate Andrews of Hamlins 1st Aug
Q&As
If a building owner has not complied with a Party Wall Act Notice they have been served with, and has failed to appoint a surveyor under section...
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1st Aug
Q&As
What process is followed in the County Court for appealing a Party Wall Award? Is there any scope for appealing an award after the fourteen-day period...
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1st Aug
Q&As
A cavity wall runs along a boundary between two properties. Does the fact that it is a cavity wall prevent it from being a party wall?A ‘party wall’...
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Produced in partnership with Kevin Leigh of No 5 Chambers 1st Aug
Q&As
Where there is a party wall between two pieces of land, and the land on one side is putting pressure on the wall causing it to crack, who is...
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Produced in partnership with Lawrence McDonald of Exchange Chambers 1st Aug
Q&As
Where a leaseholder intends to undertake works to the fabric of the building which is owned by the freeholder, must they serve a party wall notice on...
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1st Aug
Q&As
A residential occupier was served with a party wall act notice last year. They appointed a surveyor to act on their behalf. No works were carried out...
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Produced in partnership with Howard Smith of Radcliffe Chambers 1st Aug

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