Section 1 Party Wall Act Downley
Here we explain about what's a section 1 of the party wall act. If you are not sure please contact our Downley office for more information.
Section 1 Party Wall Act
Introduction – Jason Edworthy Downley
What Is The Party Wall Act?
The party wall act of 1925 stated that each owner of the separated properties has rights to use the party wall. This act was enforced in the year 1997 in Wales and England.
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Party Wall Disputes Downley
If a building owner wants to build a party wall or party fence on the line of junction, one month prior the work begins he or she should serve the adjoining owner a notice concerning the intended wall.
After being served a notice the adjoining owner serves the building owner a notice showing their consent to build a party wall. The wall shall then build half on the land of the two owners or the position agreed by both of them. The cost is to be shared in proportion to the use of the wall to be made by each of them.
If the adjoining owner fails to consent, the building owner may build the wall but at their own expense and it should be placed entirely on their land. A notice should be served and consent given within 14 days.
If a building owner decides to build on the line of the junction a wall that is wholly on his land, he or she should serve the adjoining owner a notice one month before about the intended wall. If the owner does so, work can begin one month after the notice was served and ends twelve months afterwards.
If there is damage on the adjoining owner’s property or even an adjoining occupier after the building owner decides to construct a wall wholly on their land, they are to compensate for the loss. This is if the damage is caused by the building of the wall or placing of foundations and footings.
If any dispute should come under this section up between the building owner and the adjoining owner or occupier, section 10 should be used to determine. This means looking for surveyors to act for the parties involved.
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