Why is the Party Wall Act important ?
Party Wall Act 1996 introduced a process for resolving disputes among property owners, arising due to one owner’s desire to undertake works that would adversely affect the adjacent properties. The Act provides for the owner of the home and any adjoining land, to take legal action against those persons and entities who are not responsible for the damage, and who could be held liable.
For example, if you are living in a house, and you have built your house upon a piece of property, you may be able to apply to the courts for damages to that property due to the construction of your house. This could include the building of a fence around the back garden of your home, or the fact that your house is situated near a swimming pool.
Another example of the Party Wall Act might be the case where you have bought a piece of land and intend to build a house on that land. If you are planning to erect a fence on the property, but you are in disagreement with the previous owner of the property, and you want to build a different type of fence on the property, then the courts can order the former owner to re-survey the land and take the necessary steps to alter the existing fence that was on the property. If this is not done, then the courts will order the owner of the land to pay the plaintiff, and the cost of the property damages, and then award damages to the plaintiff.
Parties’ liability is very important in a legal sense because it acts as an absolute barrier to people from undertaking work on a property without the permission of the owner. For example, if you have built a fence around the back garden of your home, but want to erect a smaller fence on the property, you would need to get permission from the previous owner before you could undertake work on the property. However, if you were to build a fence over a pool, then you would be liable to the owner of the pool, and not to the property owner.
The Party Wall Act is very important for two reasons. Firstly, it allows people to make use of property without the consent of another person, and secondly, it prevents parties from being sued for damages to property.
Secondly, the property owner may not want to have someone else’s work done on the property. The reason why is because, generally speaking, the property owner does not like to see people messing up their property. Therefore, if they do not approve of work being done on the property, they can sue the person who has undertaken the work for the damage caused to the property, and for any other injuries that they may have sustained while undertaking the work.
Thirdly, the property owner can sue the owner of the property, if he is not satisfied with the work that has been done. In order to prevent such actions, the Party Wall Act allows for compensation to be paid by the person who has undertaken the work to a third party, if the property owner is not satisfied with the work that has been done.
This means that if you are dissatisfied with the work that has been done on your property, and wish to sue the people or entity that has undertaken work on the property, then you need to ensure that the person or entity does not have any assets on the property. For example, if you buy a house, and are unhappy with the work being done on the property, you need to ensure that the contractor does not have any valuable asset on the property, as this will help your case. You do not need to show a detailed plan about the property, or how valuable the asset is, but simply, if the work that is being done has damaged the property, then you need to show evidence that you have suffered some sort of damage, whether monetary or otherwise.
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