Section 14 of the Party Wall Act: Settlement of Account
“Section 14 of the party wall act refers to the settlement of accounts. …….. There is deliberately no means of summary enforcement as it is felt that this could fetter the jurisdiction of the courts. Most owners and adjoining owners in experience thus far discharge their obligations voluntarily. The normal county court procedures remain for cases where they do not. An unappealed party wall award would be strong prima facie evidence that it was reasonable. Experience shows that there are very few complications in this area.”[The Earl of Lytton]
Section 14(2) provides that a building owner is vested with a sole interest in any property to which the incurred expenses relate until such time as the adjoining owner settles the account. In other words, if an adjoining owner fails to pay their part of the incurred expenses, any property belonging to the adjoining owner from which any part of the expenses derived will be vested wholly to the building owner. The Act is silent as to whether such rights can be registered at the land registry?
Should any part of this section of the Act affect our readers, please feel free to contact Icon Surveyors today, we are here to help and more than happy to discuss any matters of concern you may have.
Note*: This blog is not an authoritative interpretation of the law; it is intended as a general guide.