Party Wall Act and Boundary Disputes
Party Wall etc. Act 1996
Devised as a guide for property owners when building works involve a party fence wall or a party wall, the Party Wall etc. Act 1996 is something we take seriously here at AJ Walton.
It was created to minimise disputes by ensuring property owners use the services of professional Chartered Surveyors, such as us, to determine the manner and time-scale in which necessary works should be undertaken.
Does the Party Wall etc. Act 1996 affect me?
Do you intend to carry out work which involves:
•Work on an existing wall, ceiling or floor structure shared with another property?
•Building on or at the boundary with another building?
•Excavating near a neighbouring building or structure?
If so, it is important to find out whether the work falls within the scope of the Act. If it does, a statutory notice must be served on all those defined as adjoining owners.
Determining if a particular building project falls within the Act is often more complex than simply checking the contents of the bullet points listed above. Failure to correctly identify the status of your project could result in your building work being deemed unlawful.
Here at AJ Walton we possess years of experience in party wall matters and we guide our clients through a process that can often prove complex, confusing and overwhelming.
We also assist owners of properties adjoining a building which is having works undertaken. Whatever the issue, we will ensure the correct procedures are put in place to mitigate the potential for damage of any kind.
Tell me more about Party Wall matters
AJ Walton is well placed to provide our clients practical and specialist advice relating to this rather complex and sometimes tricky legislation. As mentioned earlier, if you find your property is neighbouring a building works project, you may well wish to consider serving 'notices' under the Party Wall etc. Act 1996.
The Act details the responsibilities of each property owner and the duties required by the individual responsible for initiating the works in question.
As party wall experts, we can advise on whether the Act applies to the property owner next door or if the duty lies with you. Regardless of which side of the wall you occupy, we are able to offer reliable and professional advice.
Unfortunately, Boundary Disputes, if not managed correctly, may prove both timely and costly. Additionally, it can be an extremely stressful experience for all parties.
Even the smallest of boundary disagreements can turn sour quickly and escalate into a situation which involves legal action and solicitors instructed.
At AJ Walton, we believe good practice is to avoid legal action if at all possible, especially considering costs can escalate which far exceed the value of the land in question.
Why should I get in touch with AJ Walton?
We are well versed in helping our clients successfully and speedily resolve any issues surrounding boundary disputes.
Due to the complexity of Land Records, and the absence of clear boundaries on the majority of title deeds, we are often required to solve problems in this area.
If you choose to work with us, we will actively pursue multiple lines of enquiry, including the investigation of available legal and historical documents, and the physical features of the land.
This allows us to compile the necessary technical evidence to make an informed decision as to who legally owns a specific piece of land. In the vast majority of cases, this will prove sufficient to resolve a dispute completely.
On the rare occasion this does not suffice, we are prepared to act as an Expert Witness in court, should matters proceed to this stage.