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Latest blog posts

Why so Few Neighbours Consent to Party Wall Notices

Monday, 27th January 2020 | by: Justin Burns

The desired outcome for any owner serving party wall notices is a consent - it allows them to take advantage of the benefits of the Act, such as the right of access, without having to stump up for surveyors’ fees. However, adjoining owners consenting to party wall notices is still a relatively rare thing, I’ve not run the numbers but my sense ... Read more >>

Categories: Party Wall

DILAPIDATIONS DURING THE LEASE TERM

Tuesday, 21st January 2020 | by: David Whitehouse

Carter Fielding are regularly appointed by landlords to deal with dilapidations matters both during the lease term and at the end of a lease.  The approach for preparing a claim for dilapidations during a lease term is different to that at the end of a lease term, as the remedy to the landlord after the end of a lease is usually only damages, ... Read more >>

Categories: Dilapidations

When Party Wall Notices are Not Responded To

Thursday, 9th January 2020 | by: Justin Burns

There are many reasons why neighbours do not respond to party wall notices - they may have moved out of the property and not updated the Title Register, they may be on a long holiday or they may just be the type of person that doesn’t do paperwork (more than you might think). Whatever the reason, I would estimate that between 10 and 20% of party ... Read more >>

Categories: Party Wall

Party Wall Notices and Response Times

Sunday, 29th December 2019 | by: Justin Burns

It’s essential that the time periods relating to party wall procedures are followed to the letter as they are taken directly from the Act and many of those time periods relate to the service of and response to notices. The first point to clarify is when the time periods run from as it’s not obvious. Regardless of the date that is entered on ... Read more >>

Categories: Party Wall

Serving Party Wall Notices

Sunday, 1st December 2019 | by: Justin Burns

Having drafted your party wall notices the next step is to serve them – we say ‘serve’ rather that ‘deliver’ or ‘post’ as they are legal documents and the Party Wall etc. Act 1996 includes strict rules on how adjoining owners must be notified. The first task is to try and establish the name(s) of the adjoining owner(s). The most ... Read more >>

Categories: Party Wall

Drafting Party Wall Notices

Tuesday, 19th November 2019 | by: Justin Burns

The next decision once you’ve confirmed the requirement to serve party wall notices is whether to employ the services of a surveyor or do it yourself. I am of course a surveyor that offers the service but I will attempt to provide an impartial view. There are various templates available online (including this one that I helped to design and ... Read more >>

Categories: Party Wall

Identifying Adjoining Owners in a Party Wall Matter

Thursday, 10th October 2019 | by: Justin Burns

Once you’ve established that your works are covered by the Act the next step is to identify who the affected adjoining owners are. An ‘owner’ is defined in section 20 of the Act as ‘a person in possession of land, otherwise than as a mortgagee or as a tenant from year to year or for a lesser term or as a tenant at will’ or, in other ... Read more >>