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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
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 This approach eliminates the risk associated with misconceptions arising because of outdated title information and avoids challenges being made by the adjoining owners, as highlighted in the following case.
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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.