Party Wall & Boundary Disputes

Do you have a party wall or boundary dispute?

A building owner proposing to start work covered by the Act is required to give adjoining owners notice of their intentions in the way specifically stipulated in the Act. Adjoining owners can agree or disagree with what is proposed by the building owner. Where they disagree, a dispute is deemed to have arisen and the Act provides a mechanism for resolving the dispute.

It is also to be noted that operation of the Act is separate and distinct from obtaining planning permission or building regulations approval for the proposed works. The Act defines the main types of party walls as follows:

Our members at Mercantile Barristers are Public Access Trained and are happy to be consulted by and accept instructions directly from professionals and discerning private clients at any time (for direct access barristers). To book a consultation with one of our Direct Access Barristers in London please call us and speak to our clerks who will find the best-placed barrister for you.

WORKING WITH BARRISTERS BEFORE 2004

Historically, barristers in England & Wales could only accept instructions from solicitors and could not be consulted directly by members of the public. Barristers were considered to be too expert and too specialist to deal directly with lay clients.

It was left to a solicitor to first determine whether the legal problem that has arisen required the involvement of the expert barrister. If so, it was only the solicitor that could instruct the expert barrister on behalf of the lay client. Using a medical analogy, it is akin to having to see your GP before being referred to the Specialist Consultant.

NO ISSUES WITH DIRECT ACCESS BARRISTERS METHOD

In this traditional mode of operation the lay client continues to pay for his solicitor while also paying for his expert barrister. While this has always been the case, it is unnecessary in certain modern circumstances and inevitably commercial pressures and modernity has brought a change. Professionals such as company directors, agents, architects, surveyors, construction engineers and other specialist consultants may not require hand-holding by a solicitor in order to consult the expert barrister about their case.

ADVANTAGES OF INSTRUCTING DIRECT ACCESS BARRISTERS

A change in the law in 2004 allowed barristers, who have undertaken additional training, to advise clients without the need for a solicitor and listed below are some of the reasons why it is advantageous to instruct a direct access barrister.

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TESTIMOMIALS

Have Found Mercantile, To Be Honest, Diligent And Willing To Go The Extra Mile With Their Advice.
Linda S