Other questions short paper - examination

THE RIGHTS AND LIABILITY OF BUILDING AND ADJOINING OWNERS.

a) Positive and negative easements on adjoining sites may have important implications for the design of a new building. Give examples of how this might arise and how it can be dealt with.
A positive easement is one which enables the dominant owner to do some act upon the servient tenement, e.g. walk or drive along a right of way. A negative easement allow the dominant owner to prevent the servient from doing something on his land e.g. a right to light, which restricts the servient owner's ability to build. (Type of easement: right of way, of support, of light).
suggested reading ARCHITECT LEGAL HANDBOOK ( Chapter 4 - English Land Law)


b) Under what circumstances might ‘licences’ be required in undertaking building work? Give examples of what agreements might be made and their format.
A licence is a permission, e.g. the passage of construction traffic (or erection of scaffolding) over neighbouring land may be required for some development. A bare licence is given gratuitously by the landowner/licensor and it is revocable at any time. A contractual licence is granted tfor some counter-benefit and its revocation is subject to the contract terms.


c) An uncertain boundary is delaying the completion of drawings being prepared for a planning application. How can this be resolved?
There are three ways to find out the confines of division of two contiguous parcels of land:
- by proven acts of the respective owners;
- by statues or by orders of authorities having jurisdiction;
- by legal presumption (in absence of either of above);


d) You are required to prepare a Schedule of Condition for a Party Wall Award. What method of working would you employ?
One of the most important aspects of the award is the Schedule of Condition taken of the adjoining property or land. The Schedule of Condition is a written report and can be supplied with photographs. It makes easier to determine if damage has been caused by the works ant the extend of the damage caused. suggested reading ARCHITECT LEGAL HANDBOOK ( Chapter 26 - Party Wall)



e) An adjoining owner has asked your client to allow the formation of two small windows and a gas vent in his boundary wall. No overlooking is entailed and your client’s house is some distance from this boundary. Give advice on this matter.
Allowing the adjoining owner to open 2 small window in his boundary wall will prevent or restrict your client use of his land. I would make aware your client about easement and right of light.



f) You are undertaking a demolition immediately adjacent to an adjoining boundary wall. Your initial investigation shows that while the wall is structurally sound the pointing is poor and when left exposed it is unlikely to be waterproof. How will you report this matter to the adjoining owner?
I would probably inform him about the state of disrepair of the wall. Party wall (?)