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Party Walls & Boundary Disputes

Expert Legal Problem Solvers

Extensive Professional Industry Experience

Strategic & Tactical Legal Advisory Services

Boundary Dispute Barristers

Over 10 years of experience.

A recurring problem in the course property refurbishment and development relates to party or boundary walls. Our boundary dispute barrister is experienced in the Party Wall etc Act 1996 that provides a statutory framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.

A building owner proposing to start work covered by the Act is required to give adjoining owners notice of their intentions in the way specifically stipulated in the Act. Adjoining owners can agree or disagree with what is proposed by the building owner. Where they disagree, a dispute is deemed and our property dispute barristers can help using the Act, a mechanism for resolving the dispute.

Property & Planning Barristers

Things to be noted

It is also to be noted that operation of the Act is separate and distinct from obtaining planning permission or building regulations approval for the proposed works. The Act defines the main types of party walls as follows:

a wall that stands on the lands of 2 (or more) owners and forms part of a building – this wall can be part of one building only or separate buildings belonging to different owners.
a wall that stands on the lands of 2 owners but does not form part of a building, such as a garden wall but not including timber fences.
a wall that is on one owner’s land but is used by 2 (or more) owners to separate their buildings.

Trusted Property Law Specialists

The Act also uses the expression ‘party structure’. This could be a wall or floor partition or other structure separating buildings or parts of buildings in different ownership, such as in flats.

At Mercantile Barristers our property law specialists have a particular expertise in advising on all matters involving party and boundary walls and structures. We are regularly instructed to advise on the scope of works governed by the Party Wall Act; the next steps once a party wall notice has been served; assistance with drafting and issuing a notice before work is commenced.

If there is an imminent dispute, our barristers are able to offer alternative dispute resolution services including mediation. Resolution can either be financial or injunctive. Examples include seeking to alter operating hours to prevent nuisance or an injunction to prevent further modification or to stop the offending works entirely pending satisfactory resolution.

Why Choose Us

Our Direct Access Barristers

Multifaceted & Interdisciplinary

Our barristers in London are cross qualified so you don’t have to go from one solicitor’s office on the High Street to barristers’ chambers at the Inns of Court.

Excellent Value

A barrister usually has lower overheads, so this will usually be more economical than retaining the solicitor alone and will cost less than instructing both.

Maximum Efficiency

You get the earliest possible direct access to the specialist – not just when a problem gets to Court. This could save you the headache, heartache and expense of avoidable litigation.

Full Transparency

You will normally know in advance the basis upon which the work will be charged, as well as your advisors view on likely prospects of success.

How we're different

Value Adding Approach

Our Approach

Our approach to legal practice is always to articulate creative and value-adding solutions for clients whilst delivering timely, efficient, and affordable professional services. All clients conduct their affairs within a legal context, and Mercantile Barristers’ role is to advise on the conduct of their transactions and affairs in ways that avoid conflict and disputes.

Mercantile Barristers - Process of Lquidation

Swift & Decisive

Whether by adjudication, arbitration, or litigation, Mercantile Barristers members will adopt a firm, swift and decisive approach to achieve the best possible results for clients within the shortest time. We recognise that no two cases are the same, so we will adapt our style to suit the occasion.

Property & Planning Law

Case Studies

Property & Planning Law Case Studies

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Property & Planning Law

Frequently Asked Questions

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How do you deal with boundary disputes?

A building owner proposing to start work covered by the Act is required to give adjoining owners notice of their intentions in the way specifically stipulated in the Act. Adjoining owners can agree or disagree with what is proposed by the building owner. Where they disagree, a boundary dispute is deemed to have arisen and the Act provides a mechanism for dispute resolution

Is the Party Wall Act enforceable?

The Party Wall Act 1996 provides a statutory framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings. It is enforceable in law.

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