Practical Neighbour Law Handbook

Title: Practical Neighbour Law Handbook Authors: Alistair Redler

Publisher: RICS Business Services Ltd, Publication Date: (June 2006)

UK

ISBN: 978 1 84219 236 1 Details: Paperback,

153 pages (295×210×12 mm)

List Price: £45.00 Best price: £35 at

www.constructionbooksdirect.com

Value for money: Fair Audience: Practitioners

Jurisdiction: Mostly relates to England and Wales but some references to

Scottish practices

Journal of Building Appraisal (2006) 2, 262–263. doi:10.1057/palgrave.jba.2950044

This book deals with the Law in England and Wales as it is applied to boundaries. There
are sections on determining the location of the boundary, Rights of Light, access to
neighbouring land, hedges and Party Walls. Of the book’s 153 pages, only 103 relate to
explanation and guidance on the subject matter of the book
The guidance upon the location of the boundary is written by someone who has been
there and done that. It is the competent guidance on how to find and use source material,
precedent and practice.
The section on rights of light is well constructed and sets out in easy to follow stages
the processes for the calculation of reorganising a right to light and of calculating
adequate light. In this section, the illustrations are sharp and to the point. When it comes
to azimuth angles and altitude angles, the computer-generated three-dimensional
‘residential estate’ diagrams do not represent the usual complexity of building
juxtaposition that is at the core of the disputes in this field. This is better dealt with where
CAD drawings are reproduced that show the effect of the addition of buildings into an
existing cityscape together with the implications for the change in light that will result.
This is a complex subject dealt with by specialists. This section will help one understand
the process and the methodology involved — it will not be sufficient on its own for a
practitioner to take on the task. While the Appendices include copies of various notices,
and a copy of the Angles of Visible Sky Tables — there is little comment on the litigation
that follows this subject or of the guidance that can be derived from past decisions. While
the four tests in Shelfer v City of London Electric Light Co are explained, I did not gain
the nuances of later explorations of the implication of those tests that could have come
from a discussion of later cases when their results have left open the debate over the use
of the appropriate remedies of injunction, damages or reinstatement.
The chapter on access to neighbouring land is well presented and sets out the benefits
and weaknesses of the current statute.

262 © 2006 PALGRAVE MACMILLAN LTD 1742–8262/06 $30.00 Journal of Building Appraisal VOL.2 NO.3 PP 262–263

www.palgrave-Journals.com/jba
 Book reviews

The chapter entitled High Hedges is a bit of a misnomer as it deals with the general
issues of vegetation at or around a boundary, including the rights relating to the incursion
over the boundary of tree roots and overhanging branches.
The application of the Party Wall etc Act 1996 takes up the remainder of the book —
with sample notices and an award in the Appendices. The problem with this as a self-help
manual is that the Act is not reproduced, and the section to be referred to in notices or the
Award must come from the Act itself. Without the detail of the Statute one cannot apply
the guidance within the text. Key to the subject is the recognition of what is a party wall.
This is not always straightforward and a misdiagnosis can incur substantial costs. The
definition of a party wall is explained, but the circumstances when a wall may or may not
be the subject of the Act could have been expanded upon.
The computer-generated illustrations begin to be repetitive and later within the book
duplicated (pages 43 and 54). Their size and wall paper patterns are unnecessary for their
message, even to the extent that they give a false impression as to what is the point of the
illustration, for example, roof hatching suggesting partial collapse having nothing to do
with the point of the ‘drawing’.
When considering the purchase of a book one has to judge whether the content can be
of use or is of interest. The content of this book will inform the surveyor of the issues
involved in dealing with boundaries and those disputes that seem to follow proximity to
other property. However, I am not convinced that I would be able to handle a Party Wall
dispute or a Rights of Light claim with this book as a guide, but I would know a man who
could. My question is whether that is reason enough to buy the book.

Malcolm Hollis
Managing Editor
E-mail: mh@malcolmhollis.org

© 2006 PALGRAVE MACMILLAN LTD 1742–8262/06 $30.00 Journal of Building Appraisal VOL.2 NO.3 PP 262–263 263