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Adjoining
owner may require security to be given for
payment of expenses.
Expenses
to be borne jointly by building owner and adjoining
owner.
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(2) If the adjoining owner shall, within fourteen days after being served with such notice, give a counternotice in writing that he disputes the necessity of such underpinning or strengthening, or that he requires such underpinning or strengthening, then. if such counternotice is not acquiesced in, a difference shall be deemed to have been arisen between the building owner and the adjoining owner.
(3) the building owner shall be liable to compensate the adjoining owner and occupier for any incon- venience, loss or damage which may result to them by reason of the exercise of the powers conferred by this section:
(4) nothing in this section contained shall relieve the building owner from any liability to which he would otherwise be subject in case of injury caused by his building operations to the adjoining owner.
145. An adjoining owner may, if he thinks fit, by notice in writing, require the building owner (before commencing any work which he may be authorised by this Ordinance to execute) to give such security as may be agreed upon, or in case of difference as may be settled by a judge in chambers, for the pay- ment of all such expenses, costs and compensation in respect of the work as may be payable by the building owner.
The building owner may, at any time after service on him of a party wall or party structure requisition by the adjoining owner, and before beginning
a work to which the requisition relates, but not afterwards, serve a counter-requisition on the adjoining owner, requiring him to give such security for payment of the expenses, costs, and compensation for which he is or will be liable, as may be agreed upon, or in case of difference, as may be settled as aforesaid.
If the adjoining owner does not within one month after service of the counter-requisition give security accordingly, he shall at the end of that month be deemed to have ceased to be entitled to compliance with his party wall or party structure requisition, and the building owner may proceed as if no party wall or party structure requisition had been served on him by the adjoining owner.
146. (1) As to expenses to be borne jointly by the building owner and the adjoining owner:-
(a) if any party structure is defective or out of repair, the expenses of making good, under- pinning, or repairing the same shall be borne by the building owner and adjoining owner in due proportion regard being had to the use that each owner makes or may make of the structure;
(b) if any party structure is pulled down and rebuilt by reason of its being so far defective or out of repair as to make it necessary or desirable to pull it down, the expense of such pulling down and rebuilding shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner may make of the structure;
(c) if any timber or other partition dividing a building is pulled down in exercise of the right by this Ordinance vested in a building owner, and a party structure is built instead thereof, the expense of building such party structure and also of building any additional party structures that may be required by
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reason of the partition having been pulled down, shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner may make of the party structure and to the thickness required for the support of the respective buildings parted thereby;
(d) if any rooms or storeys or any parts there- of, the property of different owners, and intermixed in any building, are pulled down in pursuance of the right by this Ordinance vested in a building owner, and are rebuilt in conformity with this Ordinance, the ex- pense of such pulling down and rebuilding shall be borne by the building owner and djoining owner in due proportion, regard being had to the use that each owner may make of such rooms or storeys;
[+]
if any arches or communications over public ways or over passages belonging to other persons than the owners of the buildings connected by such arches or communica- tions, or any part thereof, are pulled down in pursuance of the right by this Ordinance vested in a building owner, and are rebuilt in conformity with this Ordinance, the ex- pense of such pulling down and rebuilding shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner makes of such arches or communications,
(2) As to expenses to be borne by the building Expenses
owner:—
by the
to be borne (a) if any party structure or any external wall building
built against another external wall is raised owner. or underpinned in pursuance of the power by this Ordinance vested in a building owner, the expense of raising or under- pinning the same and of making good all damage occasioned thereby, and of carrying up to the requisite height all such flues and chimney-stacks belonging to the adjoining owner on or against any such party struc- ture or external wall as are by this Ordinance required to be made good and carried up, shall be borne by the building
owner:
(b) if any party structure which is of proper materials and sound or not so far defective or out of repair as to make it necessary or desirable to pull it down, is pulled down and rebuilt by the building owner, the expense of pulling down and rebuilding the same and of making good any damage by this Ordinance required to be made good, and a fair allowance in respect of the dis- turbance and inconvenience caused to the adjoining owner shall be borne by the build- ing owner;
(c) if any party structure is cut into by the building owner, the expense of cutting into the same, and of making good any damage by this Ordinance required to be made good shall be borne by such building owner;
or
(d) if any footing, chimney-breast, jamb
floor is cut away in pursuance of the powers by this Ordinance vested in a building owner, the expense of such cutting away and making good any damage by this Ordinance required to be made good shal! be borne by the building owner;
(e) if any party fence wall is raised for a build- ing, the expense of such raising shall be borne by the building owner,
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