Title:
Party wall disputes : the Party Wall etc. Act 1996 and beyond : legal coherence and disputes management
Author:
Lintott, Laura, author.
ISBN:
9781394274994
9781394274970
Physical Description:
1 online resource
Contents:
1 Introduction -- 1.1 The Aim of This Book -- 1.2 Chapter Breakdown -- 2 What Is a Party Wall? -- 2.1 Introduction -- 2.2 Definitions of 'Party Wall' -- 2.3 Party Fence Wall -- 2.4 Party Structures -- 2.5 Excavations -- 2.6 Special Foundations -- 2.7 Conclusion -- 3 Statutory Rights - Party Wall etc. Act 1996 -- 3.1 History behind the Party Wall etc. Act 1996 -- 3.2 The Purposes of and Main Areas Covered by the Party Wall etc. Act 1996 -- 3.3 Areas of Uncertainty -- 3.4 Rights and Obligations of the Parties Under the Party Wall etc. Act 1996 -- 3.5 Party Wall etc. Act 1996 (Electronic Communication) Order 2016 (SI 2016/335) -- 3.6 Conclusion -- 4 Disputes Related To Party Walls -- 4.1 Introduction -- 4.2 Notices and the Dispute Resolution Procedure Under the Party Wall etc. Act 1996 -- 4.3 When a Dispute Arises Under the Party Wall etc. Act 1996 -- 4.4 Notice Procedure -- 4.5 Party Wall Dispute Resolution Procedure Under the Party Wall etc. Act 1996 -- 4.6 Other Forms of Dispute Resolution in the Context of Party Wall Disputes -- 4.7 Conclusion -- 5 Other Statutory Rights Relevant To Party Walls -- 5.1 Introduction -- 5.2 Access to Neighbouring Land Act 1992 -- 5.3 Boundary Determination and Related Legislation in the Context of Party Walls -- 5.4 Property Boundaries (Resolution of Disputes) Bill [HL] 2019-2020 -- 5.5 Human Rights Act 1998 -- 5.6 Environmental Protection Act 1990 and Control of Pollution Act 1974 -- 5.7 Crossrail Act 2008, High Speed Rail (London - West Midlands) Act 2017 and High Speed Rail (West Midlands - Crewe) Act 2021 -- 5.8 Conclusion -- 6 Proprietary Rights in Land - Easements -- 6.1 Introduction - Easements -- 6.2 Easements - Right of Way -- 6.3 Easements - Right of Support -- 6.4 Easements - Rights to Drainage -- 6.5 Linked to Easements - Are There Rights or Obligations to Repair a Party Wall? -- 6.6 Conclusion -- 7 Torts - Common Law Nuisance -- 7.1 Introduction -- 7.2 The Meaning of Common Law Nuisance -- 7.3 Noise, Including Control of Construction Noise, Sound Proofing and Vibration -- 7.4 Rights to Light -- 8 Structural Issues -- 9 Conclusion.
Abstract:
An accessible roadmap to the complexities of party wall disputes Party Wall Disputes: The Party Wall etc. Act 1996 and Beyond - Legal Coherence and Dispute Management meets the need for a roadmap to the main areas of law and fact relevant to party wall disputes: - Statutes, including a detailed analysis of the Party Wall etc. Act 1996 and other relevant legislation, - Property rights, such as rights of way, rights of support, drainage rights and rights linked to easements, - Torts, such as nuisance related to noise and vibration and breaches of rights to light, and - Factual matters, such as structural issues. In addition, this book maps out the available dispute management options under the Party Wall etc. Act 1996, in court as well as alternative dispute resolution methods (arbitration, mediation, medi-arb, expert determination and early neutral evaluation). The result is an invaluable resource for lawyers, party wall surveyors, construction professionals, academics and property owners who encounter or are interested in party wall disputes. "I can say with confidence that Dr Lintott has done the professions both of the law and of surveying in particular, as well as property owners, a great service in providing something of a stocktake..., where the tectonic plates of title, use of land, statute and common law, easements, planning and construction codes, rights, liabilities and obligations all meet. ... She is mindful of the reality that party wall practice is ultimately driven by mutual proprietorial and essentially practical considerations ..." -THE EARL OF LYTTON.
Local Note:
John Wiley and Sons
Corporate Subject:
Electronic Access:
https://onlinelibrary.wiley.com/doi/book/10.1002/9781394274994Copies:
Available:*
Library | Material Type | Item Barcode | Shelf Number | Status | Item Holds |
|---|---|---|---|---|---|
Searching... | E-Book | 599964-1001 | KD921 .A3281996 L56 2025 | Searching... | Searching... |