Neighbours

7th May - Graham North

Party Walls - Practical Aspects

Tell Client about Party Wall issues

- could risk lawsuit

Party Wall Legislation (Act 1996)

- Great Fire of London

- different rules in Central London e.g.

- July 1997 came into effect

Consent/Dissent

- Dissent -> Dispute

Types of Notice

- Party Structure Notice

- Line of Junction Notice

- Excavation Notice

Party Walls:

First Definition: Walls with the boundary within them

Second Definition: Not initially, but will be shared property after 12 years, despite boundary staying the same

What must be on the Notice:

- Person who does the work

- Owner of the property

- Plan & Depth of Excavation

- One/two months notice

No automatic Consent anymore (i.e. no rejection)

3 Surveyors, agree a Party Wall Award

- terms how to settle a dispute

Condition Survey

Schedule of Condition

Easements

Extracts, more than 20 years: earn a right to remain (easement)

Windows: same as above

Fire Escape: no easement (check Title Deed), not continuously used

Use a Party Wall to support other elements on the site

Access to Neighbouring Land Act 1993

- Maintenance & Preservation

Party Wall Structure Notice

- 2 months earlier

- 14 days with no response = dissent

- 10 days to appoint a surveyor

- No response = you can appoint someone for them

- Can't start work without consent

Rights of Light / Daylight & Sunlight

7th May - Lance Harris

Rights of Light (common law)

Daylight & Sunlight (town planning)

Injunction or Damages (ramifications)

Radiance diagrams: flawed due to white walls/surfaces etc (internally/externally)

Sunlight: on the ground too

Mirror Analysis