Is the identification of matters in dispute pivotal to the legitimacy of party wall procedures?

Abstract

This paper focuses specifically on two aspects of party wall practice — the significance of the clear identification of matters in dispute in relation to: the acceptance of appointment as a surveyor under the Party Wall etc. Act 1996 and the legitimacy of determinations made under the Act. It concludes with suggestions as to debate and possible reform of current surveying practice, to achieve closer alignment with the general legal concept of determination by ‘tribunal’.