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Existing prior
buildings.
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(2) to pull down and rebuild any party structure which is so for defective or out of repair as to make it necessary or desirable to pull it down;
(8) to pull down any timber or other partition which divides any buildings, and is not conformable with the provisions or this Ordinance, and to build instead thereof a party wall conformable thereto;
(4) in the case of buildings having rooms or storeys the property of different owners intermixed,-to pull down such of the said rooms or storeys, or any part thereof as are not built in conformity with this Ordin. ance, and to rebuild the same in conformity therewith:
(5) in the case of buildings connected by arches or communications over streets belonging to other per- sons, to pull down such of the said buildings, arches or communications or such parts thereof as are not built in conformity with this Ordinance, and to re. build the same in conformity therewith;
(6) to raise and underpin any party structure per- mitted by this Ordinance to be raised or underpinned or any external wall built against such party structure, upon condition of making good all damage occasioned thereby to the adjoining premises or to the internal finishings and decorations thereof, and of carrying up to the requisite height all flues and chimney stacks belonging to the adjoining owner on or against sucks party structure or external wall;
(7) to pull down any party structure which is of insufficient strength for any building intended to be built, and to rebuild the same of sufficient strength for the above purposes, upon condition of making good all damage occasioned thereby to the adjoining premises, or to the internal finishings and decorations thereof;
(8) to cut into any party structure upon condition of making good all damage occasioned to the adjoining premises by such operation;
(9) 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:
(10) 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;
(11) to raise a party fence wall, or to pull the same down and rebuild it as a party wall;
(12) 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 26th February, 1908, shall be deemed to be conformable with the provisions hereof if it be conformable with the provisions of the Ordin- ances regulating buildings before that date.
A
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owner in
140.-(1) Where a building owner proposes to Require- exercise any of the foregoing rights with respect to ments of party structures, the adjoining owner may by notice adjoining require the building owner to build on any such party relation to structure such chimney copings, jambs, or breasts, party struc- or flues, or such piers or recesses, or any other like tures. 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 un- necessary inconvenience or unnecessary delay in the exercise of his right.
(2) Any difference that arises between a building Differences owner and an adjoining owner in respect of the between building execution of any such works shall be determined in
owner and the manner in which differences between building adjoining owners and adjoining owners are hereinafter directed owner. to be determined.
141.-(1) A building owner shall not, except with Notice to be the consent in writing of the adjoining owner, and given by building of the adjoining occupiers, or in cases where any owner wall or party structure is dangerous (in which cases before work the appropriate provisions of this Ordinance shall commenced. apply), exercise any of his rights under this Ordinance
in respect of any party fence wall unless at least one month, or exercise any of his rights under this Ordin- ance in relation to any party wall or party structure other than a party fence wall, unless at least two months before doing so he has served on the adjoining owner of the party fence wall, the party wall or party structure, as the case may be, notice stating the nature and particulars of the proposed work and the time at which the work is proposed to be commenced.
(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 propet 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 it 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 six months after the service thereof, and is prosecuted with due diligence.
(5) Within one 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 con- venience, and shall, if necessary, be accompanied by explanatory plans and drawings.
(7) If either owner does not within fourteen 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 sha!! be deemed to have arisen between the building owner and the adjoining owner.
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