Building surveying > Party walls
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Precedent summons
13 July 2010
An example summons that could be used in Party Wall disputes. Once the complaint is made a magistrate, or a justices' clerk, may issue a summons (s.51 MCA) requiring...
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Precedent party wall complaint
13 July 2010
An outline form for a party wall complaint. The complaint is a brief summary of the facts on which the case is based, and the statute under which the...
Summary
This section explains the scope and operation of the Party Wall Act 1996. It briefly summarises the history of party wall legislation and the rights and responsibilities of neighbouring owners, discusses the type of work for which notice must be served, and outlines the procedures to be followed. Key definitions are explained, in addition to a number of practical details where the application of the Party Wall Act is unclear. The role of the appointed surveyor is discussed as this is a crucial factor in the success of the Party Wall Act within the property industry.
This section is maintained by Alistair Redler of Delva Patman Associates, Nicholas Isaac of Tanfield Chambers and Matthew Hearsum of Ormerods Solicitors.
Resources
- Glossary
- Features
- Forms
- Party walls draft award
- Party walls draft letter requiring an adjoining owner to appoint a surveyor
- Party walls draft letter requiring any one of the three surveyors to act
- Party walls draft letter to accompany a typical section 3 or 6 notice
- Party walls draft letter to the appointing owners to accompany the award
- Party walls line of junction notice
- Party walls notice of adjacent excavation
- Party walls selection of the third surveyor
- Party walls specimen schedule of condition
- Party walls structure notice
- Party walls structure notice acknowledgment
- Party walls surveyor's appointment and authority
- Precedent deed of assignment of debt
- Precedent notification of assignment of debt
- Precedent party wall complaint
- Precedent summons
- Legislation
- RICS practice standards
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Worksmart tools
- Contract Administrator
- ProForms
- Survey Writer
- Party walls in construction
- Identification of adjoining owners
- Appointments, and rights and duties of appointed surveyors
- Third surveyor
- Schedule of condition
- The party wall award
- Contentious details
- Compensation
- Security for expenses
- Liaison with the project team
- Party wall legislation
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Key cases
- Overview
- Andreae v Selfridge and Co. Ltd (1938)
- Austin Rover Group Ltd v Crouch Butler Savage Associates (1986)
- Chartered Society of Physiotherapy v Simmonds Church Smiles (1955)
- Consignia plc v Russell Sealy (2002)
- Frances Holland School v Wassef (2001)
- Gyle-Thompson v Wall Street (Properties) Ltd (1974)
- Hobbs, Hart & Co. v Grover (1899)
- Leadbetter v Marylebone Corporation (1904, 1905)
- Lehmann v Hermann (1993)
- Loost v Kremer (1997)
- Louis v Sadiq (1997)
- Marchant v Capital & Counties plc (1983)
- Mason v Fulham Corporation (1910)
- Patsalides v Foye (2002)
- Rees v Skerrett (2001)
- Re Stone and Hastie (1903)
- Selby v Whitbread and Co (1917)
- Spiers & Son Ltd v Troup (1915)
- Woodhouse v Consolidated Property Corporation Ltd (1993)
- Zissis v Lukomski & Carter (2006)
- Key legal issues
- Disputes - practical guide
- Disputes where no valid notice has been properly served
- Disputes which arise following service of a notice
- Disputes where a party wishes to challenge an award
- Disputes - enforcement
- RICS guidance
- Further information on party walls