Ruinous.

(if any) to such owner of the building as the official Party Walls referees shall determine to be entitled thereto. In case, however, of a deficiency upon such sale, it shall be the duty of the person entitled to the immediate possession of the building, or of the occupier to make good the same, subject to reimbursement as afterwards provided; and if he fail, then he shall be liable to the same remedies for the recovery thereof, as are by this act provided concerning the expense of taking down ruinous buildings, and putting up hoards for the safety of passengers (1).

It is to be observed, that a compensation clause in a local act will not apply if a party wall be within the condemnation of the Building Act, unless there be express words. Where a party wall belonging to two houses, one of which had been bought by the Hungerford Market Company, was condemned as being out of repair, it was held that the tenant of the adjoining premises was not entitled to compensation, in consequence of the pulling down of such wall by the Company. The only material damage done was the temporary inconvenience sustained by the pulling down and rebuilding of this wall, such as the expense of removing from and being kept out of the premises while the works were in progress, loss of stock, trade, &c. The Court discharged the rule for a mandamus to the Company, calling upon them to issue their warrant to summon a jury. And the Court thought that even if the Company had not proceeded in strict conformity with the Building Act, it did not, therefore, follow that they were amenable to the compensation clause of the local act (m). So where the Company had bought No. 11 in a particular street, but which No. 11

(1) Section 18, post, Append.

(m) 1 Ad. & El. 668, Rex v. Hungerford Market Company, ex parte Yeates; S. C., 2 Ney. & M. 340.

Party Walls
Ruinous.

was not specified in their act, the tenant of No. 12 was held not to be entitled to compensation because the Company had pulled down and rebuilt the party wall between No. 11 and No. 12. No. 10 was particularly specified in the act, and if No. 11 had been specified, they, the Company, would then have had a monopoly as to the frontage of No. 11, and would have been liable to render compensation for any damage done in consequence of their own neglect. The rule for a mandamus was discharged (n).

External
Walls.

II. EXTERNAL WALLS.

Having now brought both old and new party walls before the reader, together with the various descriptions of premises to which such walls may belong, we proceed, in the second place, to the consideration of external walls.

There may be an external wall as well as a party wall appurtenant to a house or building. There may be an external wall where there is no party wall, as in the case where a building owner builds on vacant ground, and does not obtain the consent of the adjoining owner, or where there has never been a party wall, and no occasion has happened to make it necessary to rebuild the premises. There may be an external wall in use as a party fence wall (0). There may be an external wall where a building of a higher rate than the adjoining

(n) 1 Ad. & El., 676, Rex v. Hungerford Market Company, ex parte Eyre; S. C., 3 Nev. & M., 622. Nevertheless, perhaps an action would have lain, (1 Ad. & El. 684,) but the tenant had suffered the time allowed for such action to elapse.

(0) See section 25, post, Append.

building is constructed.

And the outside of a row of

External

buildings or of an insulated structure would necessarily
have an external fence.
be always of the same thickness as party walls, although
they must be so in the higher rates of building.

These external walls need not

Thickness, &c.]-Their thickness is directed as carefully as in the case of party walls (p). In schedule (D), which concerns walls of every kind, the foundations and footings, together with the materials and width of such footings, are pointed out (q). The height, the depth below ground, and the depth below the lowest floor are likewise prescribed (r). The external wall is mentioned separately in schedule (D), with reference to its construction and materials, the height and thickness of parapets, breastsummers, materials to be used in repair and in rebuilding (s). And so necessary is it to keep up the strength of external walls, that if it be sought to treat such an external wall, at any time, as a party wall (t), this object cannot be attained unless the external wall correspond in footings, height, and thicknesses, and be built in the manner, and with the materials required for party walls of buildings of the highest rate, to which such wall shall adjoin (u). Otherwise, a good external

(p) See schedule C., Part II., referring to section 5; and the same schedule, Part V., at the end. See the schedule, post, Append. And see the "Measurement of Stories," in this schedule. See the "Rule for Ascertaining Thickness," schedule C., Part I., at the end, post, Append. And see the same schedule, tit. "Rule for ascertaining Area," in which external walls are included, post, Append.

(q) See the schedule, Part I., post, Append.

(r) Id. ibid.

(s) See the schedule, Part II., post, Append.

(t) Except in the case of an attached building or office.

(u) Schedule D., Part II., at the end, post, Append.

Walls.

External
Walls.

If

wall might become an inferior party wall. This regula-
tion becomes important when buildings of some standing
are connected by the introduction of new structures.
the external wall, therefore, be imperfect and not equal
to a party wall, and a party wall be not built, a distinct
external wall, built according to the rules for external
walls, and of the rate of building to which it shall belong,
must be added on, so that there will be two external walls
instead of one (x). But if such external wall to any build-
ing already built be at the least thirteen inches in thickness
in every part, and be of sound and proper materials, and
in good condition, then such wall may be used as a party
wall; but if the house, of which such wall forms a part,
be rebuilt within five years from the time at which the
wall shall have been so first used as a party wall, then
such wall must become subject to the provisions of this
act in respect of party walls, according to the class and
rate to which the said wall did first belong.

And herewith, in principle, agrees a clause in the act, independent of the schedule, which directs, that if the owner of one of the buildings, parted by a party wall, rebuild such building of a higher rate, and do not pull down such party wall, and build a proper wall in lieu thereof, it shall be his duty, and he is required, to build up an external wall against such party wall (y). So that there must be a structure of a strength equivalent to a party wall, for the higher rate of building would press unequally on the lower rate of a party wall, and an external wall is, consequently, demanded, in order to make up the difference of solidity.

Even although the act be modified upon the rebuilding of buildings already built, the party walls and the (*) Schedule D., Part II., at the end, post, Append. (y) Section 27, post, Append.

external walls must be of the required height and thickness (*).

It is calculated that this proceeding, of building up an external against a party wall may not be a matter of rare occurrence, and, therefore, the possibility of damage accruing from such an alteration is provided against. It may be necessary to excavate or dig out the ground against the wall of the adjoining building for the purpose of erecting this wall. This the builder may do, but upon condition that he shore and underpin the wall adjoining at his own cost. It may be necessary to cut away part of the footings of the party wall, or part of the chimney shafts, &c. This, likewise, may be done, provided a notice of one month be given to the owner of the adjoining building (a), at the expiration of the notice (b), and provided also that it be done under the superintendence and to the satisfaction of the surveyor (c), who is, under the 13th section, to have a notice given him before any party wall, external wall, &c. shall be begun to be built, pulled down, rebuilt, cut into, or altered (d). Then follows a provision, that if by such cutting away, the party wall be so damaged as to become ruinous or dangerous, the surveyor must survey the wall, and condemn it if he find it dangerous. Whereupon the building owner must pull down and rebuild such party wall. The opinion of the surveyor and official referees must then be

(z) Section 12, post, Append.

(a) See the Form, schedule M., No. 15, post, Append.

(b) If there be a dispute, the official referees will, probably, settle it under section 81.

(c) Section 28, post, Append.

(d) See the section, post, Append. And see likewise section 14, post, Append., where the surveyor has jurisdiction given him over irregularities in building, and over external walls, amongst other structures.

External

Walls.