1985 Ed.]
Buildings
ICAP. 123
65
(2) When a building owner in the exercise of any of his rights under this Ordinance lays open any part of the adjoining land or building, he shall at his own expense make and maintain for a proper time a proper hoarding and shoring or temporary construction for protection of the adjoining land or building and the security of the adjoining occupier.
(3) A building owner shall not exercise any right given to him by this Ordinance in such manner or at such time as to cause unnecessary inconvenience to the adjoining owner or to the adjoining occupier.
(4) A party wall or structure notice shall not be available for the exercise of any right, unless the work to which the notice relates is begun within 6 months after the service thereof, and is prosecuted with due diligence.
(5) Within 1 month after receipt of such notice the adjoining owner may serve on the building owner a notice requiring him to build on any such party structure any works to the construction of which he is hereinbefore declared to be entitled.
(6) The last-mentioned notice shall specify the works required by the adjoining owner for his convenience, and shall, if necessary, be accompanied by explanatory plans and drawings.
(7) If either owner does not, within 14 days after the service on him of any notice, express his consent thereto, he shall be considered as having dissented therefrom, and thereupon a difference shall be deemed to have arisen between the building owner and the adjoining owner.
114. (1) In all cases not specially provided for by this Ordinance, where a difference arises between a building owner and an adjoining owner in respect of any matter arising with reference to any work to which any notice given under this Ordinance relates, unless both parties concur in the appointment of 1 architect they shall each appoint an architect, and the 2 architects so appointed shall select a third architect, and such 1 architect, or 3 architects, or any 2 of them, shall settle any matter from time to time during the continuance of any work to which the notice relates in dispute between such building owner and adjoining owner,
his or their award to determine the right to do, and the time and manner of doing any work, and generally any other matter arising out of or incidental to such difference: but any time so appointed for doing any work shall not, unless otherwise agreed, commence until after the expiration of the period by this Ordinance prescribed for the notice in the particular case.
(2) Any award given by such 1 architect, or by such 3 architects, or by any 2 of them, shall be conclusive, and shall not be questioned in any court; with this exception, that either of the parties to the difference may within 14 days from the date of the delivery of the award, appeal therefrom to a judge in chambers, who may, subject as hereafter in this section mentioned, rescind the award or modify it in such manner as he thinks just.
(3) If either party to the difference makes default in appointing an architect for 10 days after notice has been served on him by the other party to make such appointment, the party giving the notice may make the appointment in the place of the party so making default.
(4) The costs incurred in making or obtaining the award shall be paid by such party as the architect or architects determine.
(5) If the appellant on appearing before the judge declares his unwillingness to have the matter decided by him, and proves to his satisfaction that in the event of the matter being decided against him he will be liable to pay a sum, exclusive of costs, exceeding $500, and gives security, to be approved by the judge, duly to prosecute an action in the High Court and to abide the event thereof, all proceedings in Chambers shall thereupon be stayed, and the appellant may bring an action in the High Court against the other party to the difference.
(6) The plaintiff in such action shall deliver to the defendants an issue whereby the matters in difference between them may be tried, and the form of such issue in case of dispute or of the non-appearance of the defendant shall be settled by the court, and the action shall be prosecuted and the issue tried in all respects as if it were an ordinary action or issue in the High Court, or as near thereto as circumstances admit.
(7) If the parties agree as to the facts a special case may be stated for the opinion of the court, and such case shall be heard and decided in all respects as if it were an ordinary case stated for the opinion of the court, or as near thereto as circumstances admit; and any costs that may have been incurred before the judge in chambers shall be deemed to be costs incurred in the action and be payable accordingly.
Differences between building owner and adjoining owner.
LU:59/90