Making sense of the party wall legislation: still no easy task
Chynoweth, P 2002, 'Making sense of the party wall legislation: still no easy task' , Structural Survey, 20 (1) , p. 13.
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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  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.
|Themes:||Subjects / Themes > T Technology > TH Building construction|
Built and Human Environment
|Schools:||Colleges and Schools > College of Science & Technology|
Colleges and Schools > College of Science & Technology > School of the Built Environment
|Journal or Publication Title:||Structural Survey|
|Depositing User:||Users 29196 not found.|
|Date Deposited:||30 Nov 2010 14:32|
|Last Modified:||20 Aug 2013 17:42|
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