Skip to main content
Mobile
  • Finance, Accounting & Economics
  • Global Business Management
  • Management, Leadership & Organisation
  • Marketing & Sales
  • Strategy
  • Technology & Operations
HS Talks HS Talks
Subjects  
Search
  • Notifications
    Notifications

    No current notifications.

  • User
    Welcome Guest
    You have Limited Access The Business & Management Collection
    Login
    Get Assistance
    Login
    Forgot your password?
    Login via your organisation
    Login via Organisation
    Get Assistance
Finance, Accounting & Economics
Global Business Management
Management, Leadership & Organisation
Marketing & Sales
Strategy
Technology & Operations
You currently don't have access to this journal. Request access now.
Practice paper

K. Perkins v Sheffield City Council [2016]

Peyman Ghasemi
Journal of Building Survey, Appraisal & Valuation, 5 (3), 249-268 (2016)
https://doi.org/10.69554/FYTN2757

Abstract

Thankfully, party wall court cases are relatively low in number, which may be attributed to their prescriptive nature thus operating within well-defined parameters. This means that when the rules are followed, there is little room for error and the parties (often represented by their surveyors) can deal amicably with the relevant matters. However, periodically, unwarranted deviations from the Party Wall Act result in disputes with unpredictable results. The case described in this paper, which was meant to be no more than a routine party wall dispute, illustrates how reckless deviation from a party wall award could result in legal proceedings causing loss of faith in law, undue stress to the adjoining owner and waste of parties’ resources. From start to completion the process took over 15 months and involved three separate in-house lawyers, a barrister, three court hearings (involving two district judges and a deputy district judge) and an inordinate amount of the adjoining owner’s surveyor’s time. As it is often promulgated, there are no clear winners in such cases and even a seemingly outright winner may have lost something through the process.

Keywords: The Party Wall Act; easement of eavesdrop; meaning of notifiable works; third surveyor's jurisdiction; undue inconvenience; damages due to diminution in value

The full article is available to subscribers to the journal.

Already a subscriber? Login or review other options.

Author's Biography

Peyman Ghasemi is the principal of P G Construction Consultants Ltd (PGCCL) and a Construction Consultant with over 28 years' experience in design, survey and construction management of a wide variety of projects (including residential, commercial and industrial projects). Peyman has worked for and represented a wide variety of clients, ranging from domestic owners to large national companies. His academic qualifications include a master of science in construction engineering and a diploma in construction management. Peyman has been dealing with neighbourly issues for over 16 years and has dealt with a range of complex projects involving party wall disputes, boundary disputes, licensing issues, etc. Peyman is also a certified commercial mediator as well as an expert determinator, dealing amongst others, with construction and property disputes.

Citation

Ghasemi, Peyman (2016, November 1). K. Perkins v Sheffield City Council [2016]. In the Journal of Building Survey, Appraisal & Valuation, Volume 5, Issue 3. https://doi.org/10.69554/FYTN2757.

Options

  • Download PDF
  • Share this page
    Share This Article
    Messaging
    • Outlook
    • Gmail
    • Yahoo!
    • WhatsApp
    Social
    • Facebook
    • X
    • LinkedIn
    • VKontakte
    Permalink
cover image, Journal of Building Survey, Appraisal & Valuation
Journal of Building Survey, Appraisal & Valuation
Volume 5 / Issue 3
© Henry Stewart
Publications LLP

The Business & Management Collection

  • ISSN: 2059-7177
  • Contact Us
  • Request Free Trial
  • Recommend to Your Librarian
  • Subscription Information
  • Match Content
  • Share This Collection
  • Embed Options
  • View Quick Start Guide
  • Accessibility

Categories

  • Finance, Accounting & Economics
  • Global Business Management
  • Management, Leadership & Organisation
  • Marketing & Sales
  • Strategy
  • Technology & Operations

Librarian Information

  • General Information
  • MARC Records
  • Discovery Services
  • Onsite & Offsite Access
  • Federated (Shibboleth) Access
  • Usage Statistics
  • Promotional Materials
  • Testimonials

About Us

  • About HSTalks
  • Editors
  • Contact Information
  • About the Journals

HSTalks Home

Follow Us On:

HS Talks
  • Site Requirements
  • Copyright & Permissions
  • Terms
  • Privacy
  • Sitemap
© Copyright Henry Stewart Talks Ltd

Personal Account Required

To use this function, you need to be signed in with a personal account.

If you already have a personal account, please login here.

Otherwise you may sign up now for a personal account.

HS Talks

Cookies and Privacy

We use cookies, and similar tools, to improve the way this site functions, to track browsing patterns and enable marketing. For more information read our cookie policy and privacy policy.

Cookie Settings

How Cookies Are Used

Cookies are of the following types:

  • Essential to make the site function.
  • Used to analyse and improve visitor experience.

For more information see our Cookie Policy.

Some types of cookies can be disabled by you but doing so may adversely affect functionality. Please see below:

(always on)

If you block these cookies or set alerts in your browser parts of the website will not work.

Cookies that provide enhanced functionality and personalisation. If not allowed functionality may be impaired.

Cookies that count and track visits and on website activity enabling us to organise the website to optimise the experience of users. They may be blocked without immediate adverse effect.