Party Wall Solicitors

The development of property on or adjacent to a party wall involves navigating a complex landscape of statutes and traditional common law. Whether you are looking to develop your property or safeguard it from interference caused by a neighbour’s construction, our team at DTM Legal is here to help. Our Property Litigation team includes expert Party Wall Solicitors who collaborate closely with clients to achieve their goals in a timely and cost-effective manner.

CONTACT US

Party Wall Legal Services

Our Party Wall Legal Specialists integrate their expertise with our Property Litigation and Construction and Engineering teams, providing a comprehensive party wall service, including:

Injunction Applications: Our experts are well-versed in initiating or defending injunction applications aimed at halting development activities that may infringe on party wall rights. We understand the urgency and legal intricacies involved in seeking such orders to protect our clients’ interests.

Damages Claims: When disputes arise, we provide robust representation for damages claims, ensuring that our clients receive fair compensation for any harm or losses incurred due to party wall-related issues.

Trespass Claims: Our legal specialists are equipped to handle trespass claims, addressing situations where unauthorised access or encroachment has occurred concerning party walls. We work diligently to protect our clients’ property rights.

Nuisance and Negligence Claims: Whether it’s addressing nuisances caused by neighbouring developments or dealing with negligence issues, our team has the expertise to pursue or defend claims effectively, safeguarding our client’s rights and interests.

Restrictive Covenants: We navigate the complexities of restrictive covenants that may impact party wall matters, ensuring that our clients are well-advised of their rights and obligations under these legal constraints.

Boundaries and Adverse Possession: Our comprehensive services extend to addressing boundary disputes and adverse possession issues, offering legal solutions that aim to clarify property boundaries and resolve ownership conflicts.

Appeals Against Notices: Our team is experienced in handling appeals against notices, guiding clients through the intricacies of the appeals process to ensure that their concerns are heard and addressed appropriately.

Defective Notices: We specialise in addressing issues related to defective notices, providing legal remedies to rectify inadequately served notices and ensuring compliance with statutory requirements.

Works Exceeding the Scope of a Party Wall Award: When developments surpass the agreed-upon scope of a Party Wall Award, our legal specialists step in to protect our client’s rights and negotiate fair resolutions.

Alternative Dispute Resolution (ADR) including Mediation: Recognising the value of efficient dispute resolution, we actively engage in ADR methods such as mediation, facilitating amicable settlements when possible and reducing the need for protracted legal proceedings.

What Is The Party Wall Act?

The Party Wall etc. Act 1996 was introduced to provide rights for parties developing their property and protection for owners of adjoining property. The Act aims to minimise and help resolve disputes. However, the mantra of “No notice, no Act” means that parties affected by neighbouring building works need to act quickly if the developer commences work without serving an appropriate notice under the Act. Whether serving a party structure notice or responding to a notice from your neighbour, specific steps must be taken promptly.

For more information on the Party Wall Act, read – What is the Party Wall Act?

When Does the Party Wall Act Apply?

Various instances require a building owner to serve notice upon the adjoining owner before undertaking works on a party wall. These works may include building or demolishing a party wall, construction within three or six metres of the adjoining owner’s walls or buildings, excavating a site up to six metres from neighbouring buildings, digging beneath foundations, changing structural support, building a basement, constructing a loft conversion, or carrying out works or repairs to a party structure.

Engaging a party wall solicitor is crucial when navigating the complexities of the Party Wall Act. While serving notice is a legal requirement in various situations, it is advisable to consult a party wall solicitor when there is a potential disagreement or dispute between the building owner and the adjoining owner. This may arise when the adjoining owner has concerns about the proposed works, disputes the served notice, or if there are disagreements over the scope, timing, or compensation related to the construction. A party wall solicitor can provide legal advice and ensure that the rights and obligations under the Act are properly addressed, minimising the risk of legal complications, and promoting a smoother resolution of any disputes.

Speak to a Part Wall Legal Expert

Contact the DTM Legal Team, with offices in Chester and Liverpool, for expert guidance on navigating the intricacies of the Party Wall Act. Our experienced Party Wall Solicitors are ready to assist you in achieving your property development goals or protecting your property from potential interference.

For more information and to speak to a Party Wall Solicitor phone 01244 354 800, email James Holton at james.holton@dtmlegal.com or Guy Thomas at guy.thomas@dtmlegal.com.