CAP. 123]
[s. 111 cont.]
Existing prior buildings.
Requirements of adjoining owner in
relation to party structures.
Differences between building
owner and adjoining
owner.
Buildings.
(i) to cut away any footing or any chimney-breast, jamb or flue projecting, or other projection from any party wall or external wall in order to erect an external wall against such party wall, or for any other purpose, upon condition of making good all damage occasioned to the adjoining premises by such operation;
(1)
to cut away or take down such parts of any wall or building of an adjoining owner as may be necessary in consequence of such wall or building overhanging the ground of the building owner, in order to erect an upright wall against the same, on condition of making good any damage sustained by the wall or building by such operation;
(k) to raise a party fence wall, or to pull the same
down and rebuild it as a party wall;
(1)
to perform any other necessary works incident to the connexion of a party structure with the premises adjoining thereto:
Provided always, that these rights shall be subject to this qualification, that any building which has been erected prior to the 21st day of February, 1903, shall be deemed to be conformable with the provisions hereof if it be conformable with the provisions of the Ordinances regulating buildings before that date.
[134]
112. (1) Where a building owner proposes to exercise any of the foregoing rights with respect to party structures, the adjoining owner may by notice require the building owner to build on any such party structure such chimney copings, jambs, or breasts, or flues, or such piers or recesses, or any other like works as may fairly be required for the convenience of such adjoining owner, and may be specified in the notice; and it shall be the duty of the building owner to comply with such requisition in all cases where the execution of the required works will not be injurious to the building owner, or cause to him unnecessary inconvenience or unnecessary delay in the exercise of his right.
(2) Any difference that arises between a building owner and an adjoining owner in respect of the execution of any such works shall be determined in the manner in which differences between building owners and adjoining owners are hereinafter directed to be determined.
[135]
506