his work (2), the consent being implied. Then follows Party Walls. a very similar section, only adapting the language to a desired delay on the part of the adjoining owner on account of domestic arrangements or otherwise, instead of the modification before spoken of (a). The notice, however, is three months instead of two. But Thus far, if the adjoining owner consent, or the building owner agree to the modification, the ordinary duty of the surveyor seems to be alone necessary. if the adjoining premises be unoccupied, or if the owner cannot be found, or if, although found, he cannot, by reason of legal disability or otherwise, consent to the work, or if the owner will not consent thereto, or if differences arise between the parties concerned, then, in all these cases, the expense and trouble commence which we have above noticed. First, in addition to the single notice served on the adjoining owner, or on such other parties entitled to notice under the act upon whom such notice can be served, there must be a notice to the surveyor and official referees (b). On the receipt of this notice, the surveyor must forthwith give notice to the parties by whom the work is to be executed, and to their surveyors or agents as to the day and hour when he will view the premises (c). At the appointed time the surveyor inspects accordingly, and certifies to the official referees: 1st. Whether such work ought to be done, or not. 2ndly. If it ought to be done, whether it should be done in the manner proposed. 3rdly. As to the site of the party wall. (z) Sect. 22. See the section, post, Append. (a) Sect. 23. See the section, post, Append. (b) See the Form, No. 9, schedule M., post, Append. Party Walls. 4thly. As to the quantity of ground to be laid to or taken from the respective houses (d). 5thly. As to any compensation which the building owner might be liable to pay to the adjoining owner in lieu of the lessening the building in question by the party wall, or as a satisfaction for any injury done. The surveyor having sent his certificate to the referees, they are to give notice to the parties, or to such as are known. This affords the parties an opportunity of appealing against the certificate, which may be within seven days after such notice. If there be no appeal, and if the referees approve of the works, and of the compensation (e), the certificate shall be confirmed by them, and the work may proceed as if there had been a consent of the adjoining owner. But if an appeal be made as to any of the above matters, the official referees shall appoint one of their number to survey the building. This person must give notice to the parties and to their surveyor or agents as to the time of survey, upon which he is to attend, inspect, and give a certificate of his opinion to the referees. The referees shall, thereupon, make their award, confirming, reversing, or modifying the surveyor's certificate, and appointing by whom and in what proportions the expenses of the surveys and of the reports thereon are to be paid, and such award shall be final and conclusive. And with regard to any works by such award authorized, so far as relates to the proceedings of (d) The words of the act are "laid to or taken from the house of the person desirous to rebuild, to the house of the person permitting him to erect a party wall or party arch." "Permitting" must be understood only in those cases mentioned by the section where a consent has been virtually given, as where the party may be under disability, where all parties have agreed to build, and yet some unforeseen dispute has arisen. (e) That is to say, if any. the building owner, if upon the making of the award the Party Walls. periods of the notices by the act prescribed with regard to works of that nature have elapsed, the building owner, his agents, and workmen, may proceed to execute the works immediately upon the making of the award: but if such period have not elapsed, the building owner must wait till the periods in question shall have elapsed (ƒ). The same proceedings are directed where a party wall or party arch is used wholly or in part as a party fence wall. So far as relates to the reparation and rebuilding thereof at the joint expense of the owners of the buildings parted thereby, it is enacted, that if such party structure be so defective or so far out of repair as to render it necessary to pull down and rebuild the same, or any part thereof, then on notice given by the owner of one of the buildings to the adjoining owner, the building owner may require a survey, certificate, and award authorizing the execution of such reparation, or rebuilding, according to the provisions of this act in that behalf (g). Thus, if there be a consent, the matter is arranged as we have above shewn in expounding the last sections, but if there arise difficulties, the proceedings by the building owner, in conjunction with the surveyor and official referees, come into play. Imperative, nevertheless, as is the command to rebuild party walls, an owner may, if he choose, encounter the whole expense, and rebuild the joint wall. He must however, give the required notice of three months (h), and he may then pull down and rebuild the party wall, but upon condition that he do reinstate and make good (f) Sect. 24. See the section, post, Append. ; and see the notices in schedule M., Nos. 8 and 10. (g) Sect. 25. See the section, post, Append. (h) See schedule M., No. 14. E Party Walls, all the internal finishings and decorations of the adjoining premises, and pay all the costs and charges thereof, and also the expenses incidental to the execution of the work, including the fees and expenses of the survey, and the fees of surveyors and of official referees, and also such reasonable compensation as the referees may think proper to be given for any loss which the adjoining owner shall have incurred by reason of such works (i). Here again, it is presumed, that if the adjoining owner offer no opposition, the ordinary services of the surveyor will alone be necessary. But, in case of opposition (k), or of irregularities in the work (1), or of subsequent disputes (m), the surveyor's extraordinary duties, and the services of the referees may doubtless be called in aid, and it is not quite clear whether a survey, certificate, and award may not in certain cases be demanded under the 24th section, especially where the adjoining owner may desire that the work shall be modified (n). However, the 13th section must, under all circumstances, be obeyed (o). Something has been already said concerning the site of the party wall in disputed cases (p). This leads us to mention for a moment the proceedings where the party wall is new. New Party Walls.]—We have seen that it is imperative upon parties to have a party wall. The schedule (D) (i) Sect. 26. See the section, post, Append. (k) See section 81, "General Functions of Referees." (m) See section 81. (n) See section 22. (0) See section 27, post, "External Walls." (p) Ante, p. 47. which is recognised and referred to by the 5th section, gives a practical statement of this matter. It commences thus: "With regard to walls used to divide single buildings into two or more. If it be intended to divide any building into two or more distinct parts, then every wall for that purpose must be built as a party wall, in the manner and of the materials, and of the several heights and thicknesses for party walls of the highest rate of building to which such party wall shall belong or adjoin, as prescribed in reference to the thicknesses of party walls in schedule (C). And if any building already built or which shall be hereafter built, be converted, used, or occupied as two or more separate buildings, each having a separate entrance and staircase, and each being separately rated to the poor, then every such building shall be deemed to be two or more separate houses, and such separate houses must be divided from each other by a party wall or party arch or arches, built in the manner and of the materials required for party walls or party arches for the class and rate to which the largest of the buildings so divided shall belong (4). The schedule (D) directs the site of walls generally without reference to any difference of opinion. It is as follows: Site of Walls.]-With regard to party walls, in reference to the site thereof. If the buildings be of equal rate, then such party wall must be built on the line of junction of such buildings, one-half on the ground of one owner belonging to one of such buildings, and one-half on the ground (q) Schedule D., Part III., tit. "Division of Buildings." New Party Walls |