Failing to understand and take account of neighbourly issues early on in the planning of building works can have serious implications for the redevelopment of any site and also for a property owner or developer wishing to maximise their development profit or undertake works to party walling or adjacent to other buildings.
The Party Wall Act 1996 applies throughout England and Wales and sets out the rights and obligations of ‘Building Owners’ and the procedures to resolve disputes 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 to certain construction works.
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 allowing building works to commence.
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 over-sailing licences and access onto neighbouring land for scaffolding and hoarding where no rights exist, for instance, under The Access for Neighbouring Land Act 1992. Hyde Harrington can negotiate Licence Agreements to resolve such matters to avoid neighbours becoming embroiled in a dispute.
Boundary disputes occur for a number 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 in the preparation of land surveys, interpretation of maps and other documentation and advise upon the significance of historic local features such as fences, walls, hedges and ditches.
The preparation of reports and the giving of expert evidence is governed by the Civil Procedure Rules. Our Surveyors can act for either party in a dispute or alternatively as a Single Joint Expert, therefore reducing costs and saving time in the parties reaching a solution. Areas of expertise including valuations, lease and rent reviews, building defects, building and construction, landlord and tenant disputes, dilapidations, boundary and neighbourly matters.
For advice on dispute resolution please contact Scott Harrington email firstname.lastname@example.org.