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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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Abstract

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.

Item Type: Article
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
Publisher: Emerald
Refereed: Yes
ISSN: 0263-080X
Depositing User: Users 29196 not found.
Date Deposited: 30 Nov 2010 14:32
Last Modified: 20 Aug 2013 16:42
URI: http://usir.salford.ac.uk/id/eprint/12450

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