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Party walls – legislation |
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We looked at some of the basics of the Party Wall Act 1996 in last month’s issue (p20). However, it is worth remembering that the 1996 Act is not the only legislation that is relevant when considering the legal right to carry out repairs to a wall that is not wholly owned by the owner of land.
Section 38 LPA 1925 does not directly confer such rights but it declares that crosseasements exist and those easements confer common law rights. In addition, the Access to Neighbouring Land Act 1992 allows for an access order to be made (see above).
This table sets out the legislation on repairs; bear in mind that if new building works are involved then the Party Wall Act 1996 is the only relevant legislation.
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July 2004 |
