221540-1935-Supplementary-Draft-Bills--Stamp-Amendment-Buildings — Page 54

1015

constable, break open any fences or doors in order to effect such entry: Provided that before entering on any premises for the purpose of this section the building owner shall give fourteen days notice of his intention so to do to the owner and occupier; in case of emergency he shall give such notice only as may be reasonably practicable.

or

foundations

139. Where a building owner intends to erect within ten Under- pinning feet of a building belonging to an adjoining owner a building strengthen- any part of which within such ten feet extends to a lower level ing of than the foundations of the building belonging to the adjoining of adjoining owner, he may, and, if required by the adjoining owner, shall building. (subject as hereinafter provided) underpin or otherwise strengthen the foundations of the said building so far as may be necessary, and the following provisions shall have effect:----

(1) at least two months notice in writing shall be given by the building owner to the adjoining owner stating his inten- tion to build, and whether he proposes to underpin or otherwise strengthen the foundations of the said building, and such notice shall be accompanied by a plan and sections, showing the site of the proposed building, and the depth to which he proposes to excavate:

(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 under- pinning or strengthening, or that he requires such under- pinning or strengthening, then, if such counternotice is not acquiesced in, a difference shall be deemed to have 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 inconvenience, 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.

owner may

be given for

140. An adjoining owner may, if he thinks fit, by Adjoining notice in writing, require the building owner (before com- require mencing any work which he may be authorised by this security to Ordinance to execute) to give such security as may be agreed upon, or in case of difference as may be settled by a judge expenses in chambers, for the payment of all such expenses, costs and requisition compensation in respect of the work as may be payable by by building 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 com- pensation for which he is or will be liable, as may be agreed upon, or, in case of difference, as may be settled as aforesaid.

and counter

owner.