Buildings.
[CAP. 123
to the adjoining owner, he may, and, if required by the adjoining owner, shall (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-
(a) at least two months' notice in writing shall be given by the building owner to the adjoining owner stating his intention 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;
(b) if the adjoining owner shall, within fourteen days after being served with such notice, give a counter-notice in writing that he disputes the necessity of such underpinning or strengthening, or that he requires such underpinning or strengthening, then, if such counter-notice is not acquiesced in, a difference shall be deemed to have arisen between the building owner and the adjoining owner;
(c) 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;
(d) 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.
[139]
Adjoining owner may require security to be given for payment of expenses
117. (1) An adjoining owner may, if he thinks fit, by notice in writing, require the building owner (before commencing any work which he may be authorized 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 payment of all such expenses, costs and compensation in respect of the work as may be payable by the building owner.
(2) The building owner may, at any time after service on him of a requisition by the adjoining owner, and before beginning a work to which the requisition relates, but not afterwards, serve a counter-notice and counter...
511
by building
Buildings.
[CAP. 123
to the adjoining owner, he may, and, if required by the adjoining owner, shall (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-
(a) at least two months' notice in writing shall be given by the building owner to the adjoining owner stating his intention 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, show- ing the site of the proposed building, and the depth to which he proposes to excavate; (b) if the adjoining owner shall, within fourteen days after being served with such notice, give a counter- notice 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 arisen between the building owner and the adjoining owner; (c) 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; (d) 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. [139]
Adjoining require be given for expenses
owner may
security to
payment of
117. (1) An adjoining owner may, if he thinks fit, by notice in writing, require the building owner (before com- mencing any work which he may be authorized by this Ordinance to execute) to give such security as may be agreed upon, or in case of difference as may be settled by requisition a judge in chambers, for the payment of all such expenses, owner. costs and compensation in respect of the work as may be payable by the building owner.
(2) 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-
511
and counter
by building
No comments yet.
Private notes are available after approval.