Dispute Resolution
Party walls
Failure to understand and take account of neighbourly issues can have
serious implications for the redevelopment of any site and also for a
building owner wishing to undertake works to party walling or adjacent to
other buildings.
The Party Wall Act 1996 applies throughout England & Wales and sets out
the rights and obligations of building owners and the procedures to resolve
a ‘dispute’ without the same level of costs that, prior to the Act, were
commonly incurred by lawyers acting for neighbouring parties. The Act
covers work to party walls plus excavation close to adjacent buildings and
also certain construction work.
Hyde Harrington are able to advise upon these rights and obligations in
detail and also to prepare and serve notices, compile schedules of
condition and prepare and publish party wall awards.
Access agreements
Various construction matters also arise adjacent to boundaries or buildings
that are not covered by the provisions of the Party Wall Act such as crane
oversailing licences and access for scaffolding and hoarding on
neighbouring land. Hyde Harrington can negotiate licence agreements to
resolve such matters to avoid neighbours becoming embroiled in a dispute.
Boundary disputes
Boundary disputes occur for a variety of reasons including a lack of clarity in
land title documentation and also following amendments to boundary
features or overhanging building elements.
Hyde Harrington can assist with the preparation of land surveys,
interpretation of maps and other documentation and advise upon the
significance of local features such as fences, walls, hedges and ditches.
Expert witness
The preparation of expert reports and the giving of expert evidence are
governed by the Civil Procedure Rules. Our surveyors can act for either
party to a dispute or, alternatively, as a Single Joint Expert, thereby
reducing costs and saving time in the parties reaching a solution. Areas of
expertise include valuations, leases and rent reviews, building defects,
construction, landlord and tenant disputes and dilapidations, boundary and
neighbourly matters.
For advice on dispute resolution, please contact Scott Harrington