A platform for research: civil engineering, architecture and urbanism
A platform for research: civil engineering, architecture and urbanism
Making sense of the party wall legislation: still no easy task
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’ responses to this. Cites the recent case of Frances Holland School v. Wassef [2001] as demonstrating the consistency of the judicial approach. Discusses issues, raised by the case, relating to ex parte awards and the statutory definition of “owner”. Concludes that surveyors should follow a rightist approach to the legislation, whilst also understanding the limits of the rightist doctrine.
Making sense of the party wall legislation: still no easy task
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’ responses to this. Cites the recent case of Frances Holland School v. Wassef [2001] as demonstrating the consistency of the judicial approach. Discusses issues, raised by the case, relating to ex parte awards and the statutory definition of “owner”. Concludes that surveyors should follow a rightist approach to the legislation, whilst also understanding the limits of the rightist doctrine.
Making sense of the party wall legislation: still no easy task
Chynoweth, Paul (author)
Structural Survey ; 20 ; 13-18
2002-03-01
6 pages
Article (Journal)
Electronic Resource
English
Legislation , Party walls , Ownership , Judges , Surveyors , Awards
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