Party Walls. thickness of the party wall in each rate (c); and the third class being governed, as we have just observed by its agreement, according to circumstances, with the first and second classes, will, of course, have its thicknesses of walls set forth in these two tables, subject only to this addition, namely, that with regard to the walls of public buildings of whatever rate-the width of the footings thereof, and the thicknesses thereof are to be at the least four inches more than is hereby required for party or external walls of the same rate, unless the official referees, on special supervision thereof, shall otherwise appoint (d). Thickness.]-The thickness of every wall, and of the footing thereof, is to be ascertained by measuring only the thickness of which such walls or footings shall have been originally built (e). The Legislature, as we have seen, has been so careful, to preserve these required thicknesses, as to except them specially from the provisions of the modification clause which relaxes, upon certain conditions, a strict compliance with the act (ƒ). Foundations and Footings.]—The foundations and footings of these walls are provided for. Indeed, there are some general rules concerning the foundations and foot (c) Schedule C., Part II. and Part III., referring to sect. 5. See the schedule, post, Append. And see the measurements of stories, in this schedule. (d) Schedule C., Part V., at the end, post, Append. (e) Schedule C., Part I., at the end, post, Append. See the rule for ascertaining the areas of buildings, including party walls, schedule C., ut supra, tit. “ 'Rule for ascertaining Area," post, Append. (f) Section 12, post, Append. ings of all walls which the reader will find in the Schedule Party Walls. referred to. The construction, materials, height, and .width of the footings are ordered, together with the depth of such footings below ground and below the lowest floor, and the thicknesses of enclosing walls generally to stories of buildings of whatever rate (g). General Construction of Party Wall.]-The general construction of the party wall is the subject of a separate ordinance (h), and the materials of it are pointed out in the same place (i). Height.]-The height of the wall is also regulated, whether it adjoin to a roof, or to a gutter, or if it there be a turret, dormer, &c. within a certain distance of the wall (k). After all this care and detail in raising proper party walls, it will be anticipated that the provisions of the old law requiring such walls to be built or repaired are rather enlarged than narrowed by the present act. Imperative upon Parties to build or repair Party Walls.]-The 20th section and the schedule D. embrace the subjects of making and repairing party walls. We will take the 20th section in the first instance, which speaks of repair and alterations. With regard, then, to works in relation to adjoining premises, parted by the same party wall or party fence wall, but belonging to different owners, or occupied by different persons, or to (g) Schedule D., Part I., and see the schedule, post, Append. (h) Schedule D., Part III., tit. "Construction and Materials," post, Append. (i) Ibid. (k) Schedule D., ut supra, tit. “ Height of Party Walls above Roof," post, Append. Party Walls, buildings intermixed, belonging to different owners, or occupied by different persons. These works, as far as they refer to party walls, are:The Reparation of the Party Walls by which such premises shall be parted. The pulling down and rebuilding of such Party Walls. Party Walls in lieu of Timber Partitions. Buildings over Public Ways. The We will, in the first instance, deal more especially with the reparation and rebuilding of the party walls, being the subjects of the two first heads just set out. section proceeds then to call the owner who desires to execute any of the above works, the "building owner," and the owner of the adjoining premises, the "adjoining owner," and declares the object of the enactment to be the facilitating the execution of such works for the building owner, and the protection of the interests of the adjoining owner. Therefore, if the adjoining owner shall have consented to the works, or, if without such consent, the required notice (1) of such works shall have been given by or on the part of such building owner to the adjoining owner, then-subject to the modification afterwards mentioned (m)—and subject to the provision for supplying the want of the owner's consent (n)—and subject to the conditions prescribed by the act, as well as those relating to the payment of the costs of such works, and subject to the sanction or to the award of the surveyors or official referees, it shall be lawful for the building owner to execute such works (0). (7) Schedule M., No. 8, post, Append. (m) Under section 22, post, Append. (n) Under section 24, post, Append. (0) Section 20. See the section, post, Append. An application for consent is indispensable in the first Party Walls. instance. For without such consent, no work can be done till notice shall have been given to the adjoining owner, and every such notice with regard to the pulling down and rebuilding or repairing of party walls, or party fence walls must be given three months at the least, before the work is to be commenced; and every such notice with regard to the pulling down and rebuilding intermixed walls and timber partitions must be given three months at the least before such work is to be commenced; and every such notice must be in the form or to the effect of the notice No. 8, for that purpose contained in the schedule (p). It follows from hence, that if the owners agree, the work may be carried on forthwith, for the sanction or award of the surveyors or official referees seems only to be necessary in cases of difficulty, such as the want of consent, the desire of modification, &c. But the surveyor has a hold over the work, because he is entitled to two days' notice before it is begun (q); he is expressly authorized likewise to supervise these works (r), and the due watchfulness concerning them is mentioned amongst his functions(s). Want of consent, or modified consent.]-But, perhaps, the adjoining owner may not agree, or may not be found, or he may be willing to agree if the mode of building suggested should be modified or altered. In these cases a fresh expense and more trouble are incurred unless the (p) Section 21, post, Append. See the Form of Notice, schedule M., No. 8, post, Append. (q) Section 13, post, Append. (r) Section 14, post, Append. (s) Section 68, post, Append. Party Walls. building owner should agree to the modification. The fruits of disagreement, or of other difficulties, are a survey, certificate, and award. The words, "subject to such modification," &c. introduce another section which enacts, that in order to render the work suitable to the premises of the adjoining owner and his tenant, if the adjoining owner, at any time within two months after the receipt of the said notice from the building owner, give notice of his desire of such modification, according to the form No. 18 in the schedule, or to the like effect (t): then, within seven days after the receipt of such notice, the building owner must signify his consent to, or dissent from, the proposed modification (u). If such building owner dissent from, or do not within such seven days signify his consent, the adjoining owner may require the building owner not to commence the work till the official referees shall have determined thereon. If, within seven days thereafter (which would be seven days after the expiration of the first seven days) application in writing be made to the official referees, according to the form No. 19, in the schedule (x), or to the like effect, and notice be given to the building owner according to the other form, No. 20 (y): then, within ten days after such application it shall be the duty of the referees to signify their decision thereon, and it shall be the duty of the building owner not to commence the work till such decision. But, if the adjoining owner make no objection within three months from the date of the first notice, nor make any requisition in conformity with the act, the building owner may then proceed with (t) Schedule M., post, Append. |