Party wall meaning

Where a dispute arises, or is taken to have arisen, between a building owner and an adjoining owner concerning any matter associated with or connected to works falling under the Party Wall etc Act 1996 (PWA 1996), one of two approaches applies: both parties jointly agree to appoint a single independent surveyor together, or each side appoints its own surveyor to produce a party wall award. If two surveyors are chosen, they must then select a third to determine any dispute between them. Any two of these appointed surveyors, or the third acting alone, may make the award. See the Practice Note: Party Wall works—notices, disputes and awards. What is a party wall award?...

In this issue: Disputes and remedies Neighbour and party wall disputes Enforcing security and property insolvency Property disputes in Scotland LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts Dates for your diary New and updated content Trackers Disputes and remedies Supreme Court confirms no tortious damages recoverable where the ‘but for’ causation test is unmet in relation to Japanese knotweed (Davies v Bridgend County Borough Council) In Davies v Bridgend County Borough Council [2024] All ER (D) 32 (May) [2024] UKSC 15, the Supreme Court unanimously allowed the appeal, holding that, applying the ‘but for’ test, compensation is not payable where the drop in value of the claimant’s land was not brought about by the defendant’s tortious acts, and therefore no award of damages is appropriate in such circumstances. The ruling matters particularly for claims where Japanese knotweed encroachment commenced before the duty to treat Japanese knotweed...

In this issue: Neighbour and party wall disputes Residential tenancies Service charges Key developments and horizon scanning Repairing obligations and dilapidations Disputes and remedies Additional Property Disputes updates LexTalk®Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&A Neighbour and party wall disputes Boundary demarcation agreements bind successors in title (White v Alder) In White v Alder [2025] EWCA Civ 392, the Court of Appeal rejected the appeal, which asked whether a boundary agreement obliges successors in title, and if such obligation depends on their awareness of it. The court ruled that boundary demarcation agreements do bind successors in title, regardless of any lack of knowledge. Such an agreement fixes the limits of the legal estates granted in the original conveyance or transfer and, by its very character, follows through to successors in title. Noise and visual nuisance...

In this issue: Disputes and remedies Electronic communications Enfranchisement and right to manage Key developments and horizon scanning Forfeiture Neighbour and party wall disputes Repairing obligations and dilapidations Agricultural tenancies Additional Property Disputes updates LexTalk®Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Disputes and remedies Unsuccessful appeal against financial penalty for failure to belong to approved lettings agency redress scheme (Kelliher v Colchester City Council) In Kelliher v Colchester City Council [2025] UKFTT 266 (GRC), the First-tier Tribunal considered an appeal against a £5,000 penalty issued by the local authority for not belonging to an approved redress scheme, as mandated by the Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014. The Tribunal rejected the appeal, determining the appellant was carrying on lettings agency...

Property Disputes (PD) This beginner’s guide sets out a primer on Property Disputes (PD). It is designed for trainee solicitors and practitioners encountering PD for the first time. The guide highlights the principal issues that commonly arise in PD and signposts other Lexis+® UK sources and materials offering fuller detail on the subjects covered. Newcomers to PD will also benefit from the Overviews within each PD subtopic. These provide a summary of every subtopic, with links to pertinent content inside that subtopic to aid navigation. For instance, see: Property insolvency—overview. The PD module further includes a Property Disputes introductory materials topic, containing links to training materials and “How to guides”, “Quick guides”, plus checklists and flowcharts. The PD module centres on property disputes in England and Wales, while a distinct subtopic focusses on Scottish property disputes (see: Property disputes in Scotland—overview). If a point is not addressed in this guide, use the PD practice area Topics tab or the Topics dropdown menu to explore additional content. This guide also...

ARCHIVED: this Practice Note is no longer maintained and is offered for background reference only. Moreover, some links may not take you to the provisions as they stood when the guidance in this Practice Note was issued... Key litigation funding cases 2016—what do you need to know? Key takeaways from 2016 decisions in the commercial or third‑party litigation funding sphere include: the Supreme Court examined the interpretation of an exclusion clause in a solicitor’s professional indemnity insurance policy (Impact Funding v AIG), see below the Supreme Court agreed to hear three appeals balancing ECHR rights against recovery of costs linked to third‑party funding (Frost v MGN, Miller v Associated Newspapers Limited and Times Newspaper v Flood), which will determine these questions in the context of post‑Jackson reform funding. At present, the courts regard the recovery of additional liabilities as compatible with the ECHR (BNM v Mirror Group Newspapers), see below the Court of Appeal has held that third‑party funders can be...

Application to set aside a statutory demand served on an individual This Practice Note summarises the appropriate court or tribunal for issuing proceedings across common property dispute applications, such as setting aside statutory demands; opposed and unopposed Landlord and Tenant Act 1954 lease renewals; interim rent; assured and assured shorthold tenancy possession; light obstruction notice procedure; forfeiture; lease extensions and collective enfranchisement under the Leasehold Reform Housing and Urban Development Act 1993 and Leasehold Reform Act 1967; boundary disputes; appeals from party wall awards; trespasser (squatter) possession and/or injunctions; enforcement of possession orders; Electronic Communications Code matters; modification of restrictive covenants; service charge dispensation; terminal dilapidations; proceedings for unreasonable withholding of consent; and rent review arbitration appeals... Type of PD application — Court/Tribunal — Authority — Further detail Application to set aside a statutory demand served on an individual — County Court, or in certain circumstances the High Court. County Court: The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, rr 10.4(4), 10.11,...

The Party Wall etc Act 1996 Notice of proposed works—Line of Junction Notice To [ insert Adjoining Owner ], [ insert Adjoining Owner’s main address ] [ Insert Date ] As owner(s) of [ insert Building Owner’s building ] adjoining your property at [ insert Adjoining Owner’s building ], [ insert Building Owner ] of [ insert Building Owner’s main address ] gives notice that, under section 1 of the Act, we plan to build on the line of junction of our properties. The wall will be wholly on our land to the boundary, with footings and foundations under your land as allowed by section 1(6). The proposed works are: [ insert description of the wall ]. With your written consent under section 7(4), we propose laying special foundations beneath your land. Works will start on [ date of works ] [ or, with your written agreement, the earlier date of [ date ] ]. If a dispute arises under the Act, would you...

The Party Wall etc Act 1996 Acknowledgement of Notice To [ insert name of building owner ] (‘Building Owner’) At [ insert Building Owner’s primary address ] As the adjoining owner[s] under the Party Wall etc Act 1996 (the Act) of [ insert adjoining owner’s building address ] and having been given notice dated [ insert...

The Party Wall etc Act 1996 Acknowledgement of Notice To [ insert Building Owner ] Of [ insert Building Owner’s main address ] As the Adjoining Owner/s under the Party Wall etc Act 1996 (the Act) for [ insert Adjoining Owner’s building address ], and upon receipt of a notice dated [ insert date ] concerning the intended works at [ insert Building Owner’s building address ], and without prejudice to any of my/our rights under the Act, [ I OR We ] hereby consent to the works detailed in your notice as proposed, subject to the Act. [ [ I am OR We are ] [ content OR not content ] for you to begin work on the earlier date of [ insert date ] ] . Signed: [ insert signature ] Print name/s: [ insert printed name/s ] Date: [ insert date ]...

Notice requirements in respect of excavations Section 6 of the Party Wall etc. Act 1996 (PWA 1996) sets out the notice obligations for excavations, and in particular covers works where digging is undertaken within a distance between three and six metres of an adjoining property. Addressing ‘special foundations’ first, PWA 1996, s 20 explains these as foundations that employ an arrangement of beams or rods for the purpose of spreading any load. Where proposed foundations fall within that description, the adjoining owner’s written agreement must be secured in advance. Clearly, this is an extremely technical area, and a suitably detailed report ought to be obtained in order to consider whether, in the circumstances of this scenario, the foundations can properly be treated as special foundations. Turning to whether section 6 will extend to the construction of foundations which encroach upon the adjoining owner’s land, it appears likely that the excavation will necessitate a section 6 notice being served under the PWA 1996...