Is the Party Wall Act a statutory damp squib? Michelle Stevens-Hoare & Alexander Bastin investigate
Most solicitors specialising in property litigation have fielded a call from a client with a neighbour embarking on party wall works without reference toyour client or the procedures under the Party Wall etc. Act 1996 (the Act).
Assuming no damage has yet been done, do you have a difficulty in such a situation because the Act does not expressly require use of the Act’s procedure, or provide a remedy for failure to do so?
An anxious client is likely to want to stop the neighbour’s activities and will not thank you for advising them to wait until damage is done. If the neighbour will not co-operate, your client will want an injunction. However, to seek an injunction you need to identify a cause of action. There will often be a clear common law claim such as in nuisance (ie, noise, dust, vibration), trespass, negligence or for interference with a right of support.
However, there will not always be a common law cause of action, eg, where:
(1) the client learns
