Taylor Mitchell Blog

WHY SO FEW NEIGHBOURS CONSENT TO PARTY WALL NOTICES

Sunday, 4th June 2023 | 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 ... Read more >>

Categories: Party Wall Procedures

When Party Wall Notices are Not Responded To

Sunday, 21st May 2023 | 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 Procedures

Serving Party Wall Notices

Friday, 5th May 2023 | by: Justin Burns

Being legal documents, party wall notices must be ‘served’ and the acceptable methods of service are set out is section 15 of the Party Wall etc. Act 1996. Service by Hand Sometimes our clients prefer to hand deliver their party wall notices as it gives them an opportunity to add a personal touch to the legal process. However, the Act ... Read more >>

Categories: Party Wall Procedures

Party Wall Notices and Response Times

Friday, 21st April 2023 | 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 Procedures

Drafting Party Wall Notices

Sunday, 2nd April 2023 | 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 Procedures

Identifying Adjoining Owners in a Party Wall Matter

Sunday, 19th March 2023 | 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 >>

Categories: Party Wall Procedures

Are My Works Covered by the Party Wall Act?

Monday, 6th March 2023 | by: Justin Burns

The very first step in the process is to establish whether your proposed works fall within the scope of the Party Wall etc. Act 1996 and, if so, which adjoining owners are affected. Sections 1, 2 & 6 of the Act set out an owner’s rights but those rights are only exercisable if the necessary party wall notices are served, let’s look at ... Read more >>

Categories: Party Wall Procedures

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