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Showing posts from January, 2018

Party Wall Act Costs - Protecting the building owner from the Highwayman

Introduction
One of the most worrying aspects of entering the Party Wall Act 1996 (Act) arena is the uncertainty surroundingfees, or as they are referred to within the Act -‘costs’.
If you are fortunate enough ( or some might say lucky enough) to have at your side a competent party wall surveyor, and one with a moral compass, the chances are you will derive a certain degree of protection.However, there is still no guarantee you will not need to set aside a considerable sum of money to cover the cost of becoming trapped within the Act.This applies equally to both building owner and adjoining owner, and one must not forget that if an adjoining owner’s surveyor does not recover all of his costs from the building owner, there is every possibility the adjoining owner may be left to meet the remaining liability.
The problem of high, unreasonable and unpredictable costs is caused, in part, by a piece of malfunctioning legislation, and patly as a result of certain unconscionable conduct on the p…

Painless extraction from a Party Wall dispute - Lahrie Mohamed and Shehara Lahrie V Philip Antino and Raymond Stevens (2017)

There will be times when parties involved in a Party Wall process become disillusioned with the cost and inadequacies of the mechanism for resolving and determining issues between them. They are often left feeling trapped, facing every rising fees, and looking for a way out. The problem lies with s10(2) of the Party Wall Act 1996 (Act) which prevents a party from rescinding the appointment of a party wall surveyor.
This is the situation  faced by the parties in Lahrie Mohamed and Shehara Lahrie V Philip Antino and Raymond Stevens. ( 2017) HH Judge Edward Bailey.
The facts were not unusual.
The, Claimants, home owners ( Owners) wished to carry our development and refurbishment work to their property which included the construction of a basement.Some of the works featured fell within the Actas ‘notifiable’ work.
The owners served a Party Wall Notice on the adjoining owners ( Neighbours).The Neighbours appointed a party wall representative, the First Defendant,Philip Antino ( Antino ),and th…