An accessible roadmap to the complexities of party wall disputes
Party Wall Disputes: The Party Wall etc. Act 1996 and Beyond - Legal Coherence and Dispute Management meets the need for a roadmap to the main areas of law and fact relevant to party wall disputes:
Statutes, including a detailed analysis of the Party Wall etc. Act 1996 and other relevant legislation, Property rights, such as rights of way, rights of support, drainage rights and rights linked to easements, Torts, such as nuisance related to noise and vibration and breaches of rights to light, and Factual matters, such as structural issues.
In addition, this book maps out the available dispute management options under the Party Wall etc. Act 1996, in court as well as alternative dispute resolution methods (arbitration, mediation, medi-arb, expert determination and early neutral evaluation). The result is an invaluable resource for lawyers, party wall surveyors, construction professionals, academics and property owners who encounter or are interested in party wall disputes.
“I can say with confidence that Dr Lintott has done the professions both of the law and of surveying in particular, as well as property owners, a great service in providing something of a stocktake…, where the tectonic plates of title, use of land, statute and common law, easements, planning and construction codes, rights, liabilities and obligations all meet. … She is mindful of the reality that party wall practice is ultimately driven by mutual proprietorial and essentially practical considerations …”
—THE EARL OF LYTTON
By:
Laura Lintott (Trowers & Hamlins LLP)
Imprint: Wiley-Blackwell
Country of Publication: United States
ISBN: 9781394274963
ISBN 10: 1394274963
Pages: 240
Publication Date: 10 July 2025
Audience:
Professional and scholarly
,
Undergraduate
Format: Hardback
Publisher's Status: Forthcoming
About the Author xi Foreword xiii Preface xvii Glossary of Definitions xxi 1 Introduction 1 1.1 The Aim of This Book 1 1.2 Chapter Breakdown 5 2 What Is a Party Wall? 9 2.1 Introduction 9 2.2 Definitions of 'Party Wall' 10 2.3 Party Fence Wall 19 2.4 Party Structures 20 2.5 Excavations 21 2.6 Special Foundations 23 2.7 Conclusion 24 3 Statutory Rights - Party Wall etc. Act 1996 25 3.1 History behind the Party Wall etc. Act 1996 25 3.2 The Purposes of and Main Areas Covered by the Party Wall etc. Act 1996 29 3.3 Areas of Uncertainty 30 3.4 Rights and Obligations of the Parties Under the Party Wall etc. Act 1996 33 3.5 Party Wall etc. Act 1996 (Electronic Communication) Order 2016 (SI 2016/335) 36 3.6 Conclusion 37 4 Disputes Related To Party Walls 39 4.1 Introduction 39 4.2 Notices and the Dispute Resolution Procedure Under the Party Wall etc. Act 1996 39 4.3 When a Dispute Arises Under the Party Wall etc. Act 1996 40 4.4 Notice Procedure 40 4.5 Party Wall Dispute Resolution Procedure Under the Party Wall etc. Act 1996 42 4.6 Other Forms of Dispute Resolution in the Context of Party Wall Disputes 66 4.7 Conclusion 81 5 Other Statutory Rights Relevant To Party Walls 83 5.1 Introduction 83 5.2 Access to Neighbouring Land Act 1992 84 5.3 Boundary Determination and Related Legislation in the Context of Party Walls 89 5.4 Property Boundaries (Resolution of Disputes) Bill [HL] 2019-2020 95 5.5 Human Rights Act 1998 97 5.6 Environmental Protection Act 1990 and Control of Pollution Act 1974 103 5.7 Crossrail Act 2008, High Speed Rail (London - West Midlands) Act 2017 and High Speed Rail (West Midlands - Crewe) Act 2021 105 5.8 Conclusion 106 6 Proprietary Rights in Land - Easements 109 6.1 Introduction - Easements 109 6.2 Easements - Right of Way 110 6.3 Easements - Right of Support 114 6.4 Easements - Rights to Drainage 123 6.5 Linked to Easements - Are There Rights or Obligations to Repair a Party Wall? 125 6.6 Conclusion 137 7 Torts - Common Law Nuisance 139 7.1 Introduction 139 7.2 The Meaning of Common Law Nuisance 144 7.3 Noise, Including Control of Construction Noise, Sound Proofing and Vibration 146 7.4 Rights to Light 160 8 Structural Issues 181 9 Conclusion 189 Bibliography 195 Index 205
Dr Laura Lintott LLM PLP (BPP), MA (Oxon), PhD (Cantab), FCIArb is a Solicitor Advocate and International Arbitrator in London. She has extensive experience leading on complex international and domestic construction disputes. Laura is a Fellow of the Chartered Institute of Arbitrators and a Visiting Fellow at King’s College London where she joined the Centre of Construction Law & Dispute Resolution’s Taskforce, which responded to the Law Commission’s two consultations regarding Arbitration Act 1996 reforms reflected in the Arbitration Bill noted in the King’s Speech in 2024. The Arbitration Act 2025 then received Royal Assent on 24 February 2025. Laura contributed a chapter to the book The History of the Technology and Construction Court on its 150th Anniversary, edited by Sir Peter Coulson and Dr David Sawtell. She is a frequent panellist/(podcast) speaker and publishes regularly in numerous journals and periodicals.
