Party Wall Disputes
A dispute in the party wall does not literally mean dispute at all. According to the party wall act if there is an agreement, between property holders then either of the property owners, cannot make alteration to the building without the consent of the other property holder.
A party wall surveyor is a person who is appointed to make decisions regarding the property. He is selected on a statutory basis. He is selected on a statutory basis, which means he can make independent decisions. The party wall surveyor however, has to take decisions in such a way, that it anyway doesn’t hamper the interests of the employer.
A party wall exists as long as there is an agreement. In case if there is no reference, then the party wall is permanent.
The party wall ceases to exist if the agreements are declined by either of the parties.
As already discussed party wall is the common wall between two adjoining property holders. The party wall agreement on the other hand is an agreement made between both the property holders regarding how the party wall should be shared. Either of the owners cannot make any kind of a wall or opening without the permission of either of the property owner. However, a fire place can be made whose bottom part covers whole of the adjoining wall, and the upper part of the fireplace covers only half of the adjoining wall.
The party wall surveyor as said is the one who makes independent decision regarding the property. His position is statute. The surveyor however, while making the decisions has to keep in view the interest of the developer.
By no means, can either of the owners remove the party wall, but if there is some decay, or some accident such as fire, then the property owner can remove the wall.
So, we understand that a party wall is important for property holders who share walls and a means of property. Property is in fact an asset. So, it is prudent that one has a party wall dispute passed between the owners of a property. Property holders should get an agreement made. This will help them in the following way:-
1. One can avoid any dispute that may occur in the future mainly because everything is written.
2. Since there is a surveyor, he or she makes sure everything is according to law.