Generally speaking a Party wall is a common wall between two adjoining properties. However, it is not confined to this. Such walls are common in areas with higher population density, such as London and Wales.
Party Wall etc. Act,1996
The Act basically provides the framework relating to the party walls, the boundary walls and the excavation and construction of certain buildings for linked purposes. It further provides for the award, the building owner, the adjoining owner and also about the notice, which must be compulsorily served.
Party wall Disputes
It is a known fact that disputes arise between the adjoining owners due to variety of reasons. One of the major reason is the increasing rates of property tends to force the owners to extend the property and maximize the investment. This maximization of property as well as investment leads to disputes and to deal with such disputes an attorney is must. Everyone is aware of the fact that courts are time consuming and have a lengthy procedure to follow and when construction work is going one can’t afford delay so the most expeditious and pocket friendly way is to go for alternative dispute resolutions over litigation. These disputes need to be dealt with great precision. Party wall disputes are quite common, they are to be dealt with due diligence.
Party wall agreements
A Party wall agreement is a document executed by the party wall surveyors either by the ‘agreed surveyor’ or by two of the party wall surveyors on behalf of the owners of the property.
It generally consists of three parts:
- The award- it comprises of a set of guiding principles dealing with the proposed works.
- The state of affairs of the neighboring property, along with its pictures.
- Sketches, which show the particulars of the proposed works.
Objective of an Award
The main objective is to inform the parties about the conditions under which the job will be performed it may also contain provisions dealing with the adjoining neighbor and the proposed building owner. It also permits the building owner to enter upon the land of the adjoining owner and initiate work but only in accordance with the provisions of the act. However, such entering upon the land of the adjoining neighbor must be peaceful and mustn’t cause any inconvenience to the adjoining owner. If during this process any damages are caused to the adjoining owner by the building owner, then he shall compensate the aggrieved party. Even the award shall have details about this and also for compensation for damages inflicted upon any of the existing walls.
Party wall disputes, for that matter any disputes, can be of great stress and agony. It is always advisable to go for Leeds Party wall Company rather than a civil litigation. Where mediation can be a quick and efficient way of addressing party wall disputes, approaching a court of law can be hectic and tiresome that can drain you financially as well as physically.