With `The Wall of the Party, etc. Law of 1996″ to have access to a neighbouring property. If the adjacent owner agrees to the work after receiving the notification, half of the wall can be built on each owner`s land. This would be either on the side of the junction line or the position agreed by both owners (and/or their surveyors, if necessary). (1) This article takes effect when land of different owners is adjacent and – in the cover letter, the developer`s expert stated that the adjacent owner does not have to take any action in response to the notification under § 1, paragraph 5 and that the reason for the notification of the notice was to give the builder the opportunity to exercise the right of access under article 8, to build the wall in question. 2 (1) This section applies where land of different owners is adjacent and the land is erected on the connecting line or a perimeter wall that is a party fence wall or the exterior wall of a building has been erected. It is difficult to examine the various sections of the law without applying the problem to a theoretical situation to illustrate how the law should or can be applied. There are, in fact, many ways to interpret the law, and since all construction projects are very different, their individual circumstances determine which sections are ultimately applied. However, the law is explicit, access is only possible for « works in accordance with the law » and the delivery of a valid notification is essential to establish a right of access in accordance with § 8 paragraph 1. If a builder builds a wall entirely on their own land and does so at their own expense, they will still have to compensate the adjacent owner or user for damage to the adjacent property caused by the construction of the wall or by placing the foundation and foundation on the adjacent owner`s property. The sections of the Act that contribute to the right of access (but are not exclusive) are § 1 paragraph 5, § 2, § 6, § 7 paragraph 1, article 8 paragraph 1 and article 12 paragraph 1. Practical Restrictions – Practical restrictions that allow a right of access to an adjacent owner property without express or written consent, and explain the principles that wall surveyors in the party must understand, to grant a legal right of access. All works requiring announcement and possibly access should be taken into account under Article 6(8)(b)[11], Article 7(1) and Article 12(1).

Surveyors must understand the explicit and implicit principles, intent and relationship between the different sections of the Act. A general appreciation and knowledge of the law is therefore of fundamental importance in order to correctly determine whether there is a right to information. In summary, it can be said that it is no longer safe for a party wall surveyor to inform his designated owner that access is possible under § 1 paragraph 5. (b)the establishment of foundations or foundations installed in accordance with Subsection 6. A significant proportion of the Party`s wall-based land surveyors considered that the works subject to notification could be classified as works `within the meaning of this Law` and that, since Article 1(5) was subject to notification, such work would benefit from the advantages of Article 8. The difficulty with this view is that it is difficult to see how the construction of a structure entirely on the property of the builder (although at the limit) can be described as work under the law – no authority is required for a builder who wants to build a structure entirely on his own property. It already has the customary right to do so. In addition, the elements of a construction project include, in certain circumstances, work that requires only partial notice.[3] It is imperative that the wall surveyors of the party understand the procedure to be followed by the client to complete the work and/or his contractor to ensure that the access is only used for the work in accordance with the law. Ainsworth`s interpretation has all sorts of implications, for example, one could also apply whether 15 mm or 150 mm are nearby and therefore on the crossing line.

This seems to be a misinterpretation of the word « on » and creates absurdity. The author suggests that if the wall is removed from the connecting line for any distance, it is entirely on the property of the owner of the building and is therefore not subject to notification or jurisdiction of the law. iii Construction of a rear and side extension of a single storey of facing bricks at the intersection line » If the surveyor(s) allow the client to use access rights to complete work that does not comply with the law, even if it is related to reportable work[12], the client and/or its contractors commit an act of intrusion and harassment, unless: there is an agreement between the owners[13] to carry out this work. (2) If a builder wishes to erect a part wall or a part fence wall on the connecting line, the builder shall send each adjacent owner at least one month before the start of construction a notice indicating the application for construction and describing the proposed wall. The law is rather unusual because it allows an owner[2] to legally enter the property of an adjacent owner, an act that was previously prevented and considered an intrusion into the common law. Accordingly, when examining the works in terms of the right of access, surveyors must apply the principles of § 8, paragraph 1, because in this section there is an express right for a building owner and / or his representatives and servants to access the property of an adjacent owner « for work in accordance with the law ». . . .