The impact of boundary assessment in relation to the service of party wall notices and complications that may arise in relation to the validity of party wall awards

Abstract

Unlike small-scale residential developments, which involve the service of party wall notices relating to the relatively straightforward nature of the notifiable works, large commercial projects involve further challenges. These include boundary reconciliation, affirmation of design assumptions made by the design team based upon information supplied by the legal team, and advising the client of potential neighbourly issues that should be considered at the early stages of the development process. It would therefore be unsurprising if certain revelations came to light that perhaps were not readily apparent at the onset. To prevent costly mistakes being made, it is essential for a boundary survey to be carried out, which may confirm if the assumed boundary lines, based upon title information, tally with the physical boundary features around the site. This approach eliminates the risk associated with misconceptions arising because of outdated title information and avoids challenges being made by the adjoining owners, as highlighted in the following case.