Party Walls: Law and Practice

Party Walls: Law and Practice provides an authoritative explanation of the law regulating the building, maintenance and repair of party walls, explains party wall law’s relationship to the common law, and details the process for settling disputes between parties under the Party Wall etc Act 1996. It also provides a comprehensive analysis of the Access to Neighbouring Land Act 1992 and the law relating to Adverse Possession together with a review of the law relating to boundaries and commentary on the practical role of the Party Wall Surveyor.

The book covers all aspects of Party Wall law, including:

• Reference to all accessible Central London and other County Court decisions;
• All important High Court and Court of Appeal decisions since the 4th Edition, namely Group One Investments Ltd v Keane [2018] EWCA Civ 3139; Knight v Goulandris [2018] EWCA Civ 237; R oao Subramanian v City of London JJ [2019] EWHC 1240 (Admin); Power v Shah [2023] EWCA Civ 329; Taylor v Jones [2024] EWCA Civ 170;
• How to prepare and initiate an appeal to the county court;
• The enforcement of both a monetary and a non-monetary term of an award
• together with the author’s insight into a range of important areas of party wall practice including:
• The extent of the deemed dispute;
• Retrospective awards;
• The continuing appointment of surveyors to the surveyors tribunal;
• The role and duties of the party-appointed surveyor, the conduct of surveyors during the dispute resolution process, a surveyor’s duty of care and possible immunity from suit;
• Interference with a surveyor engaged in preparing an award;
• The form of an Award and its drafting;
• The full range and extent of compensation for loss and damage that may result from work executed in pursuance of the Act; The position of successors in title to owners at any point during the party wall process.

A comprehensive selection of precedents is provided, including notices, appeals, requests and awards, together with the full text of the Party Wall etc Act 1996, its predecessor Act, and the Access to Neighbouring Land Act 1992.

Written by His Honour Edward Bailey, with expert assistance by surveyor Stephen Cornish, Party Walls: Law and Practice is essential reading for all property lawyers, surveyors and architects, and will be accessible to any residential or business owner who becomes involved in the party wall process.