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The Party Wall Casebook

ISBN: 978-1-4051-6324-8
500 pages
April 2007, Wiley-Blackwell
The Party Wall Casebook (1405163240) cover image
The Party Wall Casebook, now available in paperback, is an essential reference tool for surveyors, architects, engineers and lawyers. It provides a comprehensive analysis of over 80 leading cases which define the courts’ approach to the Party Wall etc Act 1996 and the related common law rules.

For ease of reference, the book contains an alphabetical digest of cases with an extensive subject index. The facts, key issues and decision in each case are summarised to provide easy access for the busy practitioner.

The legal basis for each decision is also explained in clear, jargon-free language. The book is illustrated and extracts from relevant statutes appear throughout the text. An introductory chapter also places the cases in their broader legal context for those requiring a more detailed understanding of the law in this area.

The book provides a single source of reference on the case law required by all party wall surveyors. It gives readers practical, and legally up-to-date, guidance on the practice of party wall surveying, including:

  • Making sure that notices are properly served under the Act
  • Protecting the interests of appointing owners during negotiations
  • Ensuring that awards are legally enforceable
  • Dealing with compensation claims by adjoining owners
  • Advising clients on appeals under the Act
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What is a party wall?; What is 'Work in pursuance of the Act'?; Identifying the owners; The validity of notices; The nature of the surveyor's role; Proper constitution of the surveyors' tribunal; Surveyors' jurisdiction; Surveyors' powers; Damage to adjoining property at common law; Surveyors' power to award compensation and making good; Challenges to surveyors' decisions; Appendices - Statutes
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Paul Chynoweth lectures in construction and property law at the University of Salford where he specialises in party walls and rights to light. He is a regular speaker to professional audiences on these subjects and is a former member of the RICS Boundaries and Party Walls Working Party. He is qualified as a solicitor and is the legal editor of Structural Survey journal. He founded the party wall and rights to light discussion forum at www.partywallforum.co.uk and is a member of the Pyramus & Thisbe Club.
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  • party walls frequently give rise to disputes during construction work
  • party wall surveyors often fail to serve the necessary notices during a dispute
  • existing books concentrate on the legal background to the Party Wall Act
  • this book examines 80 past legal cases to clarify problems in administering the Act
  • ‘The Party Wall Casebook is a worthy and valuable addition to the growing body of knowledge in this area.’ – The Earl of Lytton
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