Party Wall Disputes - The Party Wall Etc. Act 1996 Beyond Legal Coherence, Disputes

An accessible roadmap to the complexities of party wall disputes Party Wall Disputes: The Party Wall etc. Act 1996 and Beyond - Legal Coherence and Dispute Management meets the need for a roadmap to the main areas of law and fact relevant to party wall disputes:

• Statutes, including a detailed analysis of the Party Wall etc. Act 1996 and other relevant legislation,
• Property rights, such as rights of way, rights of support, drainage rights and rights linked to easements,
• Torts, such as nuisance related to noise and vibration and breaches of rights to light, and
• Factual matters, such as structural issues.

In addition, this book maps out the available dispute management options under the Party Wall etc. Act 1996, in court as well as alternative dispute resolution methods (arbitration, mediation, medi-arb, expert determination and early neutral evaluation). The result is an invaluable resource for lawyers, party wall surveyors, construction professionals, academics and property owners who encounter or are interested in party wall disputes. "I can say with confidence that Dr Lintott has done the professions both of the law and of surveying in particular, as well as property owners, a great service in providing something of a stocktake..., where the tectonic plates of title, use of land, statute and common law, easements, planning and construction codes, rights, liabilities and obligations all meet. ... She is mindful of the reality that party wall practice is ultimately driven by mutual proprietorial and essentially practical considerations ..."
-THE EARL OF LYTTON

List of contents

About the Author xi
Foreword xiii
Preface xvii
Glossary of Definitions xxi
1 Introduction 1
1.1 The Aim of This Book 1
1.2 Chapter Breakdown 5
2 What Is a Party Wall? 9
2.1 Introduction 9
2.2 Definitions of 'Party Wall' 10
2.3 Party Fence Wall 19
2.4 Party Structures 20
2.5 Excavations 21
2.6 Special Foundations 23
2.7 Conclusion 24
3 Statutory Rights - Party Wall etc. Act 1996 25
3.1 History behind the Party Wall etc. Act 1996 25
3.2 The Purposes of and Main Areas Covered by the Party Wall etc. Act 1996 29
3.3 Areas of Uncertainty 30
3.3.1 Scale 30
3.3.2 Location 30
3.3.3 What Does the Party Wall etc. Act 1996 Not Do? 31
3.3.4 'Construction Rights' 31
3.3.5 Potential for Reforms 32
3.4 Rights and Obligations of the Parties Under the Party Wall etc. Act 1996 33
3.5 Party Wall etc. Act 1996 (Electronic Communication) Order 2016 (SI 2016/335) 36
3.6 Conclusion 37
4 Disputes Related To Party Walls 39
4.1 Introduction 39
4.2 Notices and the Dispute Resolution Procedure Under the Party Wall etc. Act 1996 39
4.3 When a Dispute Arises Under the Party Wall etc. Act 1996 40
4.4 Notice Procedure 40
4.4.1 Works to an Existing Wall - Sections 2 and 3 of the Party Wall etc. Act 1996 40
4.4.2 New Wall or Party Fence Wall Under Section 1 of the Party Wall etc. Act 1996 41
4.4.3 Excavations Within Three or Six Metres of the Adjoining Owner's Buildings Under Section 6 of the Party Wall etc. Act 1996 42
4.5 Party Wall Dispute Resolution Procedure Under the Party Wall etc. Act 1996 42
4.5.1 Introduction 42
4.5.2 The Surveyor 46
4.5.3 The Award 49
4.5.4 Costs 53
4.5.5 Expenses 54
4.5.6 Compensation 55
4.5.7 Jurisdiction to Award Compensation 56
4.5.8 Security 56
4.5.9 Failure to Comply with the Party Wall etc. Act 1996 57
4.5.10 Injunctions 59
4.5.11 Contribution and Causation 62
4.5.12 Failure to Agree on a Surveyor and Acting Beyond the Realm of the Party Wall etc. Act 1996 63
4.5.13 Buying a Property Where a Party Wall Award Has Already Been Made 64
4.5.14 Party Wall Dispute Resolution Procedure Under the Party Wall etc. Act 1996 - Conclusion 65
4.6 Other Forms of Dispute Resolution in the Context of Party Wall Disputes 66
4.6.1 Introduction 66
4.6.2 The Protocol 66
4.6.3 The Party Wall etc. Act 1996 Dispute Resolution Process and Courts 67
4.6.4 Parties Applying the Party Wall etc. Act 1996 Dispute Resolution Mechanism Voluntarily by Agreement, Where the Building Owner Failed to Issue the Relevant Notice Under the Party Wall etc. Act 1996 68
4.6.5 Alternative Dispute Resolution 69
4.6.6 Courts' Support of Alternative Dispute Resolution 69
4.6.7 Methods of Alternative Dispute Resolution 71
4.6.8 Can Parties 'opt out' of the Party Wall etc. Act 1996? 74
4.6.9 Critical Considerations 79
4.7 Conclusion 81
5 Other Statutory Rights Relevant To Party Walls 83
5.1 Introduction 83
5.2 Access to Neighbouring Land Act 1992 84
5.2.1 Relevance of the Access to Neighbouring Land Act 1992 to Party Walls 84
5.2.2 Practical Considerations - Scaffolding and Crane Oversail 87
5.3 Boundary Determination and Related Legislation in the Context of Party Walls 89
5.3.1 Introduction 89
5.3.2 Registered Land Boundaries - General Boundary Rule 91
5.3.3 Law of Property Act 1925 and Party Walls 92
5.4 Property Boundaries (Resolution of Disputes) Bill [HL] 2019-2020 95
5.5 Human Rights Act 1998 97
5.5.1 Article 6(1) 97
5.5.2 Article 8 101
5.5.3 Article 1 of the First Protocol to the Convention 102
5.6 Environmental Protection Act 1990 and Control of Pollution Act 1974 103
5.7 Crossrail Act 2008, High Speed Rail (London - West Midlands) Act 2017 and High Speed Rail (West Midlands - Crewe) Act 2021 105
5.7.1 Crossrail Act 2008 105
5.7.2 High Speed Rail (London - West Midlands) Act 2017 and High Speed Rail (West Midlands - Crewe) Act 2021 (HS2 Legislation) 105
5.8 Conclusion 106
6 Proprietary Rights in Land - Easements 109
6.1 Introduction - Easements 109
6.2 Easements - Right of Way 110
6.3 Easements - Right of Support 114
6.3.1 Introduction 114
6.3.2 Weather Protection 118
6.3.3 Excavations 121
6.3.4 Easements - Right of Support - Conclusion 123
6.4 Easements - Rights to Drainage 123
6.5 Linked to Easements - Are There Rights or Obligations to Repair a Party Wall? 125
6.5.1 Party Wall etc. Act 1996 and Repairing a Party Wall 125
6.5.2 Easements and the Right vs. Obligation to Repair 127
6.5.2.1 Is There a Right to Repair? 127
6.5.2.2 Is There an Obligation to Repair? 133
6.5.3 Covenants to Repair 135
6.5.4 Are There Rights or Obligations to Repair a Party Wall? - Conclusion 136
6.6 Conclusion 137
7 Torts - Common Law Nuisance 139
7.1 Introduction 139
7.2 The Meaning of Common Law Nuisance 144
7.3 Noise, Including Control of Construction Noise, Sound Proofing and Vibration 146
7.3.1 The Interrelationship Between the Party Wall etc. Act 1996 and Noise, Including Control of Construction Noise, Sound Proofing and Vibration 147
7.3.2 Noise Nuisance Caused by Works to Party Walls 148
7.3.3 Noise Nuisance and Party Wall Sound Proofing 149
7.3.4 Noise Nuisance and Party Walls - Case Law Examples 151
7.3.4.1 'Reasonable' Use of Dwellings 151
7.3.4.2 Noise Caused by Construction Works 154
7.3.5 Vibration 156
7.3.6 Noise, Including Control of Construction Noise, Sound Proofing and Vibration - Conclusion 160
7.4 Rights to Light 160
7.4.1 What is a Right to Light? 160
7.4.2 Nuisance Related to the Right to Light 162
7.4.3 Enforcing a Right to Light 162
7.4.4 The Interrelationship Between the Party Wall etc. Act 1996 and Rights to Light 165
7.4.5 Case Law Examples of Party Walls' Ability to Interfere with Rights to Light 166
7.4.6 Rights to Light - Conclusion 177
8 Structural Issues 181
9 Conclusion 189
Bibliography 195
Index 205

About the author

Dr. Laura Lintott LLM PLP (BPP), MA (Oxon), PhD (Cantab), FCIArb is Solicitor Advocate and senior lawyer in the City of London. She has extensive experience leading on complex international and domestic construction disputes. Laura is Fellow of the Chartered Institute of Arbitrators and Visiting Fellow at King's College London where she joined the Centre of Construction Law & Dispute Resolution's Taskforce, which responded to the Law Commission's two consultations regarding proposed changes to the Arbitration Act 1996. Laura contributed a chapter to the book The History of the Technology and Construction Court on its 150th Anniversary, edited by Sir Peter Coulson and Dr David Sawtell. Laura is a frequent panellist/podcast speaker and publishes regularly in numerous journals and periodicals.

Product details

• Authors: Laura Lintott, Laura (Trowers & Hamlins Llp) Lintott
• Publisher: Wiley, John and Sons Ltd
• Languages: English
• Product format: Hardback
• Released: 18.03.2025
• EAN: 9781394274963
• ISBN: 978-1-394-27496-3
• No. of pages: 240
• Subjects: Humanities, art, music > Art > Architecture; Natural sciences, medicine, IT, technology > Technology > Structural and environmental engineering; Social sciences, law, business > Law > Civil law, civil procedural law; Architecture, TECHNOLOGY & ENGINEERING / Surveying, ARCHITECTURE / Reference, Reference works, Civil engineering, surveying & building, Surveying, quantity surveying