Are Party Wall matters personal or do they run with the land?
We have had a number of queries whereby people are unsure as to whether they are liable for party wall matters upon acquiring a new property.
There are many people (surveyors alike) who believe that party wall matters run with the land. For example, if you become the owner of a property, you assume liability for historical party wall matters.
This belief is misguided - in the case of Mills V Savage (2016) Judge Bailey stated ‘party wall matters are personal and do not run with the land. Liability under an award might be passed by contract but not otherwise’.
If you have any queries in relation to party wall liabilities you are welcome to contact us here at TPWC where we would be happy to assist.