Party Wall Matters, Boundaries and Right of Light

Party Wall Matters

The Party Wall etc. Act 1996 details a framework for preventing and resolving disputes in relation to proposed works carried out to party walls and most excavations near neighbouring buildings. Anybody proposing to carry out work described in the Act must give their Adjoining Owners notice of their intentions in writing prior to any works being progressed. As Party Wall experts, we can provide the advice needed to be obtained to check whether the Act applies and if so, ensure that the necessary Notices are served in good time to avoid delaying the start of the work.

We act for private individuals and for commercial property owners, representing both Building Owners and Adjoining Owners and as appointed 3rd Surveyors. Projects we act for with range from simple home additions, to large re-development of sites.

Notices must be served on any adjoining owners under the Act, having an interest in writing of a year or more. Generally doesn’t apply to Tenants, but almost always to Freeholders and Leaseholders to be served separately.

Boundary Issues

We can provide advice, act for you and provide written reports with regard to all boundary issues. There is general confusion about ownership and maintenance obligations pertaining to boundaries. If you wish for advice, before contacting us we advise you research and have to hand documentation and records i.e. Land registry section 1-3 and any plans, Property Deeds in Full, any other documentation in writing between the two estates mentioning boundaries, historic maps and plans and any historic photographs.

 

Rights of Light

If you are concerned that an established Right to Light at your property may be affected by the actions of a neighbour, firstly you must establish whether or not the apertures (window or door etc.) receiving light has rights established under Act of Prescription 1832 i.e. Unbroken and unlicensed use of twenty years or more. Please note that rights of Light are only affected if that Right has been substantially reduced.

 

Legal Advice and Court Report

We have acted for many clients in both providing detailed reports for all of the aforesaid issues, alongside appearing in Court as Expert Witness.