...Philip Antino Purpose The purpose of this paper is to consider the procedures under section 17 of the Party Wall etc. Act 1996 (“The Act”) for enforcement proceedings to recover an awarded sum. This paper will demonstrate that the procedure is unclear and confusing to the party wall surveyors...

...Philip Antino Purpose This paper aims to consider the right created by section 8 of the Party Wall etc. Act 1996, which allows an owner of a property to enter on to an adjoining owner's property without their consent, while protecting the adjoining owner's legal rights. It identifies...

...Paul Chynoweth Notes the ambiguities within the party wall legislation. Describes the “proceduralist” and “rightist” approaches to interpretation of the statute. Provides examples of each approach. Traces the development of the current judicial approach to interpretation and describes surveyors...

...David Bowden This paper considers the legal status of a surveyor appointed under section 10 of the Party Wall etc. Act 1996. By reference to that Act as well as to the Arbitration Act 1996, the European Convention and to rules of natural justice it argues that the section 10 procedure...

...Andrew Lord This paper notes the challenges faced by surveyors outside London by the demands of implementing the new party wall legislation. It pays tribute to John Anstey’s guidance in this area and emphasises the importance of adopting a practical and common‐sense approach to the legislation...

...Lawrance Hurst This paper explains the reasons for the appointment of an engineer by an adjoining owner’s surveyor in the context of party wall and adjacent excavation works. Recent changes in contract procedures and professional relationships, together with associated downward pressures on fees...

...Caroline Stroud This paper concerns the 1999 Court of Appeal case of Prudential Assurance Co Ltd v. Waterloo Real Estate Inc., where it was held that a party wall can be adversely possessed by one of its owners. After an examination of the facts of the case, the paper analyses...

...David Bowden This paper considers the entire process leading to the making of a valid award under section 10 of the Party Wall etc. Act 1996. The powers and duties of the appointed surveyors, the validity of their appointment, and the effect of their awards are examined. The validity of some...

...Robin Ainsworth Notes that differences of opinion often arise regarding the correct interpretation of provisions within the Party Wall etc. Act 1996. Argues that this is frequently due to ambiguities within the wording of the statute and to a lack of clarity within its provisions regarding its...

...Donald Jessop Considers the meaning of “structure” within the Party Wall etc. Act 1996. Notes that a literal meaning might include all man‐made objects in the built environment. Argues, however, that such an interpretation might be subject to a qualifying limitation on the basis of the golden rule...

...Paul Chynoweth Considers the reasons for the invalidity of party wall awards. Examines decided cases under earlier party wall legislation in the context of the Party Wall etc. Act 1996. Explains invalidity on the basis of an excess of the surveyors’ statutory authority. Defines this authority...