Making sense of the party wall legislation: still no easy task

Author: Chynoweth P.

Source: Structural Survey, Volume 20, Number 1, 2002 , pp. 13-18(6)

Publisher: Emerald Group Publishing Limited

Buy & download fulltext article:

Price: $38.00 plus tax (Refund Policy)

Abstract:

Notes the ambiguities within the party wall legislation. Describes the "proceduralist" and "rightist" approaches to interpretation of the statute. Provides examples of each approach. Traces the development of the current judicial approach to interpretation and describes surveyors' responses to this. Cites the recent case of Frances Holland School v. Wassef [2001] as demonstrating the consistency of the judicial approach. Discusses issues, raised by the case, relating to ex parte awards and the statutory definition of "owner". Concludes that surveyors should follow a rightist approach to the legislation, whilst also understanding the limits of the rightist doctrine.

Keywords: Party Walls; Surveyors; Awards; Judges; Ownership; Legislation

Language: English

Document Type: Research article

Publication date: 2002-04-12