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Property law and valuations
Your report must have three main headings – Introduction, Findings and Conclusion. It may have sub-headings if you wish to include these.
It is essential that you refer to the relevant section numbers of any statutes you rely on and that you cite the case name and date so that your research can be checked. See further guidance below.
Under the heading “Introduction”, the report must include a short generalised explanation of the purposes of the report.
Under the heading “Findings”, the report must answer the 4 tasks, use subheadings to show the beginning of each task. Your answer to each question must identify, describe and apply the relevant law.
Under the heading “Conclusion”, you must include an appropriate closing statement to summarise your findings and state any possible penalties or remedies that are applicable.
The presentation of the report is important. It must be logical and written in sentences (not bullet points). Cutting and pasting extracts from research materials without explanation should be avoided. The report must be written in your own words to show understanding of the research you have undertaken. Check for spelling, grammar or word-processing errors. Your work must include a word count of a maximum of 2,500 words.
1. Reference your work:
a. References must be used to support/justify your arguments/answer (i.e. a case or legislation)
b. Position each reference at the end of the particular quote/statement/argument.
c. Avoid direct / large quotes - explain their effect in your own words with references in brackets.
d. Case law references: the citation of case law should be given in full when first mentioned, e.g. Baker v Smith  1 BLR and thereafter by the name of the case only
e. Harvard or OSCOLA system of referencing
f. Legislation references should state the title of the legislation and the year and relevant section, e.g. Environment Act 1995 s 61(3)(b)
2. Please do not use, or reference online publications, general information websites, such as Wikipedia, or websites which purport to assist students with writing assignments. You may use sites which provide case summaries, and allow you to search for appropriate cases, such as http://www.bailii.org/ Lexis, Westlaw (available through Library Services) or JustCite. There is no need to reference the use of such sites – simply reference the case which you are using to illustrate your point.
3. You are not required to submit evidence of your research trail or a bibliography.
4. You must submit your answer through Moodle and include your name and student number on each page you submit. Do not include a coversheet.
Prepare a report on the following tasks using the guidance on the previous pages. Your report should be arranged under three headings Introduction, Findings and Conclusion. Answer all four tasks, making sure you that you have identified, described and applied the relevant law.
You have been asked by your supervisor at Bridges Surveyors to write a report to assist with advice to the firm’s clients.
Task 1. Explain the purpose and procedure contained in the Party Wall Act 1996.
Task 2. Mrs. Langton has planning permission for a proposed extension to her house. She is building an extension and proposes to excavate within a distance of three meters from her neighbours, Mr and Mrs Speldhurst. She has not served a notice on them of her intentions. Explain the consequences of proceeding with the building works without notice and whether notice can be given retrospectively.
Task 3. Mr. Fordcome wished to build an extension using the rear garden wall, a party wall, as part of the extension. A party wall award was signed with the adjoining owners Mr and Mrs Sparrow. Mr Fordcome then changed his mind and without agreement started to take down the party wall with the intention of replacing it. Explain the rights and remedies available to Mr and Mrs Sparrow.
Task 4. Mr and Mrs Boxhill have entered into to a party wall agreement with their neighbours Mr and Mrs Newlands for a new single story extension. Mr and Mrs Boxhill have started to work excavating deeper than the current foundations. The work will be within 3 meters of the neighbours Mr and Mrs Newlands house. Once the work had started it was found that the soil conditions were so poor that we would have to go down almost 1.8 metres. As the cost would increase substantially their structural engineer came up with an alternative of building a 1 metre wide foundation, at the same depth as existing building foundations. This negated the need for a party wall agreement.
Mr and Mrs Newlands’ appointed party wall surveyor is charging £1000 for 6 hours work. Mr and Mrs Boxhill are uncertain how he has arrived at the figure of £1000. He has not agreed his charges with the Boxhill’s party wall surveyor. Mr and Mrs Newlands are also claiming damage to some shrubs which was not documented before the excavation work began. Explain the steps that can be taken by the building owners and the adjoining owners to resolve these issues.