Archive for February, 2011

Misconception; the notices have expired and must be re issued; the whole process must start again

Latest Newson February 10th, 2011No Comments
We are often approached by Adjoining Owners or their Surveyors and advised along the lines that:
“the Notices have expired and must be re issued, the whole process must start again”
This misconception apparently stems from Section 3.2(b) of the Act which states:
“A party structure notice shall……..
(b) cease to have effect if the work to which it relates
i) has not begun within the period of twelve months beginning with the day on which the notice is served;


ii) is not prosecuted with due diligence”

However the case of Leadbetter –v- Marleybone Corporation (2) 1905 gives clear authority to the fact that no time limit applies to a notice that has not been consented to.
In circumstance where dissent has arisen, notices are not consented to, Surveyor(s) are appointed and the matter must proceed in accordance with the Act and there is no useful purpose or legal requirement for re-serving Notices.