Wall Etc Research Articles

Can a party wall surveyor determine the location of a boundary under the Party Wall etc. Act 1996?

The Party Wall etc. Act 1996 is an important piece of legislation which adjudicates in the midst of what are often the competing needs of neighbouring parties. Party wall surveyors are charged with the role of facilitating the exercise of the building owner’s rights while simultaneously safeguarding the interests of the adjoining owner. The Act confers upon the party wall surveyor the power and jurisdiction to properly discharge this role and laid out within the Act are a set of rules and directions that guide the surveyor as to the execution of that role. Nowhere within the four corners of the Act, however, is the party wall surveyor guided as to how to address the discharging of their role in the throes of a dispute between the parties as to the location of the boundary that separates their properties. The difficulty that arises is that much of the Act is predicated upon the location of the boundary being of settled knowledge or agreement. Indeed, knowledge of where the boundary lies goes in many instances to the heart of the operation of the Act. In his roles as third surveyor, the author is often met with referrals from appointed surveyors with differing views as to how to address a party wall matter in an instance in which there is disagreement between the parties as to the location of the boundary. This paper examines the arguments often put by surveyors in such circumstances, examines the extent of the surveyor’s powers in this regard under the Act, considers industry and judicial treatment of the matter, and sets out what is in the author’s view the conclusive position.

How case law has changed the way we administer the Party Wall etc. Act 1996

If the Party Wall Act has not been amended significantly since 1996, what has changed? This paper helps to explore some of those changes, what is making the changes and why surveyors are perplexed by the wording of the Act. It examines new construction techniques that do not fit clearly with our understanding of the legislation and points to where to find some guidance. There are plenty of recent cases referenced and the author’s view of what can be drawn from case law to help our understanding of the Act is expressed in terms of how matters should be handled by surveyors.

Repair of Cracks in Nicol Blocks of a Reinforced Earth Wall

Abstract: Bangladesh's first access-controlled expressway is the Dhaka-Khulna (N-8) Expressway. The project consists of 8 lane road of 55 km length, 54 culverts, 20 underpasses, 2 interchanges, 4 major bridges, 25 minor bridges, and 5 flyovers. Teghoria Interchange of this project is structured with 19 Reinforced Earth Wall, out of which a crack appeared in a wall that has 146 meters length and 7 meters height. Detailed inspection and analysis were followed by repair and rectification work. The aim of this paper was to find out the likely causes of this crack, discuss detailed retrofitting methodology and bring forth some recommendation. This crack may form due to weak workmanship during compaction and installation of tendons of reinforced earth, environmental load, heavy-loaded vehicle travel above the RE wall etc. The specialist team of the consultants of the project and experts from development partner inspected the problem and worked out how to repair the cracked area. The development partner developed repair methodology and executed the crack repair work as well as the treatment plan under strict supervision of consultants. Surface preparation, preparation of precast veneer & epoxy-based mortar, placement and finishing work make up the treatment process.

Schedules of condition and final inspections : Are they required under the Party Wall etc. Act 1996?

This paper is an exploratory study into whether schedules of condition and final inspections are required under the Party Wall etc. Act 1996 (‘the Act’). It is common practice among party wall surveyors to gain access to adjoining owners’ properties to prepare a schedule of condition before the notified works commence and inspect upon the completion of the awarded works. There would, however, appear to be a tension between the statute itself and common practice, because the terms ‘schedule of condition’ and ‘final inspection’ are not included in the Act. It is the absence of these terms which has dictated the exploratory nature of this paper, drawing on various sources, including parliamentary debates at the time the Act was in the form of a Private Member’s Bill, the writing of an eminent surveyor who was chairman of the working party advising the legislators, and practising surveyors and lawyers. Consideration is given to the extent to which assumptions expressed in Parliament may have failed to find their way into the Act. My exploration is consideration of any distinction between statutory duty, professional duty, good practice and proportionality; a corollary to the duties and conduct of appointed surveyors is the problem of delegation in their quasi-judicial role.

Getting to grips with the difficult issue of security for expenses under the Party Wall etc. Act 1996

The topic of security for expenses is a matter that the author is increasingly having to address under referral as third surveyor. This paper briefly examines the roots of the security for expenses provision, noting how the provision has evolved since first introduction within the Metropolitan Building Act 1855 where the provision was less commonly applied; then making its way through the various Acts with subtle but meaningful changes that have resulted in much more common and (in the author’s view) over-use of the provision within the current Party Wall etc. Act 1996 (the Act). The paper highlights the lack of parliamentary guidance provided to support the use of the provision, which the paper suggests will have flowed from the limited parliamentary time that was allowed back in 1996 for the hearing of the Bill, which, in the event, caused the Bill to be rushed through Parliament with some rough edges, to say the least. The paper finds that added to the lack of legislative guidance within the current Act is a gulf that is yet to be filled by the usual (but in this case lacking) onslaught of case law that tends to address the unanswered questions posed by parliamentary legislation. The article casts light upon some of the more contentious aspects of the provisions, unpacking those aspects and providing some practical ‘how to’ guidance to practitioners who have to deal with the matter on a regular basis.

The role of surveyors under the Party Wall etc. Act 1996

The Party Wall etc. Act 1996 (the Act) is a unique piece of legislation, as it applies a dispute resolution process for works affecting neighbouring owners that is administered by surveyors and not by the courts or through formal arbitration procedures. This gives surveyors appointed under the Act a statutory role and it is therefore important that surveyors properly understand the extent of that role, the responsibilities that come with it and the limits of their jurisdiction. This paper examines case law to explain key issues of the surveyor’s role in detail. Much of that case law is from the County Court, which means that it is not binding on other courts, but as many of those judgments make reference to decisions of higher courts, they give valuable guidance to surveyors about how the courts understand the surveyor’s role. Many of the decisions result from courts deciding that actions of a surveyor were incorrect, which shows the importance of not taking for granted that the regular practice of other surveyors is necessarily correct. This article focuses on the role of surveyors when each owner appoints their own surveyor. Many of the points will of course also apply to agreed surveyors.

Party walls: When it goes wrong for surveyors and how they can deal with awkward situations

This paper is designed to assist surveyors in handling awkward party wall matters and understanding the limits of their own knowledge — the key message is: ‘Know what you know, know what you don’t know.’ Some of the complexities of recent case law are explained and it is the author’s suggestion that the administration of the Party Wall Etc. Act 1996 (the Act) is becoming far more complex and surveyors need to keep up to date with case decisions in all courts. Changes to the legislation itself are limited; however, case law is driving changes in the way the Act is interpreted and administered. This paper does demonstrate some of the recent cases and the decisions of judges that have had a more significant recent impact on the administration of the Act by surveyors; it also highlights the increasing complexity of judgments and findings within the courts. The need to keep abreast of these decisions is making the party wall surveyors’ role increasingly more complex. A good party wall surveyor will most likely be dedicated to this service exclusively and will have time to allocate to keep abreast of the case law. Members of the public would be well advised to seek these individuals when instructing.

A new incremental calculated approach to predict maximum contact stress of compressed packer in large deformation

Compressed packer rubber is large deformation material, which endures biaxial contact friction between oil-pipe and casing-pipe in sitting and sealing process. Large-deformation theory analysis of rubber brings huge difficulties to solve, this is due to the material, geometry and contact non-linearity should be considered. In this article, the deformation of compressed packer rubber tube (CPRT) is divided into free deformation, unidirectional and bidirectional constrained deformations. Based on the theory of thick-wall-cylinder and the linear constitutive of rubber material segment, the CPRT mathematical model in different deformation processes is established and the influences of axial load, axial height of CPRT and contact friction coefficient of casing inner wall etc are considered. Based on incremental calculated approach, the mathematical model is solved. By comparing the results of the theoretical model with the results of finite element method and experimental results, it is found that the theoretical maximum contact stress is more conservative than the FEM and experimental solutions, so the sealing reliability of packer effectively predicted under the premise of allowable contact stress and the theoretical results can provide a lower limit reference value for the contact stress of the packer in the actual seal process. Meanwhile, the deviation of contact stress in FEM and theoretical value at z150 height of CPRT is among 1.13%∼4.90%, which can predict the contact stress in the compressed area near the stress concentration upper end-face of CPRT under the low friction factor, the results provide a reference for the compressed packer design.

CFD study on the performance of reducing pressure drop holes in cyclone separator

Cyclone separator is the one of the simple and effective equipment for removing the dust or suspended particle in gaseous phase. Even though cyclone separator is effective it has drawbacks such as pressure drop, wear of refractory wall etc. Ample research was carried out in cyclone separator for reducing pressure drop and increase separation efficiency. However, many research works lean on design modification of cyclone separator. Whereas this article mainly concentrates on reshaping existing cyclone separator. Reducing pressure drop holes (REPDH) are drilled equidistantly on the circumference of existing cyclone separator vortex finder in four distinct ways termed as 4-holes, 8-holes, 12-holes and 16-holes respectively. Cyclone separator with and without REPDH are modelled in SOLIDWORKS 2016 for a stream rate of 500 m 3 /hr. Computational fluid dynamic (CFD) analysis are carried for all the cyclone separator with Ansys fluent 18.1 with variety of inlet velocity from 15 m/s to 30 m/s, employing Reynolds stress model as turbulent model. The outcome of CFD analysis illustrate that utilizing REPDH in vortex finder of cyclone separator reduces the pressure drop and increased separation efficiency, is well suited for high throughput models such as swift HT and Stairmand HT models also suited for Swift HE models. 4holes model provide the optimum results for these three models. In general, REPDH design modifications are well suited for cyclone separator models whose ratio of vortex finder diameter to main diameter of cyclone separator is not equal to 0.5.

Endoscopic intervention for intraventricular neurocysticercal cyst: Challenges and outcome analysis from a single institute experience

ObjectiveEndoscopic intervention is presently proposed as standard approach for the treatment of Intraventricular neurocysticercal cyst (IVNCC) as it helps to retrieve the cyst as well as CSF diversion. We present our series of 61 patients with IVNCC managed by endoscopic intervention and analyze the outcome. MethodA retrospective analysis of 61 patients with IVNCC managed between 1998–2019 at our institute was performed. We reviewed the clinical details of consecutive patients, management, and outcome. ResultsThere were 61 patients with 34 males and 27 females. The mean age was 25 years. Fourth ventricular location is the most common (n = 34) followed by third ventricle(n = 14) and lateral ventricle (n = 13). Cyst retrieval could be done in 43 cases, while the cyst could not be retrieved in 18 cases due to intraventricular bleed, CSF turbidity, adhesion of cyst wall etc. Along with cyst retrieval, some patients underwent Endoscopic Third ventriculostomy, septostomy, foraminotomy for internal CSF diversion. Seven patients had a preoperative VP shunt surgery. The median follow-up was 12 months. Preoperative shunt (CI:1.33−62, P = 0.02) was associated with failure of cyst retrieval in univariate analysis as well as in multivariate regression analysis (CI: 0.02−0.94, P = 0.04). Two patients underwent shunt surgery at follow-up period due to the failure of endoscopic CSF diversion. ConclusionEndoscopic management of IVNCC is a safe and effective management option, avoiding an indwelling shunt system. Endoscopic third ventriculostomy should be considered for patients with IVNCC and hydrocephalus.

The mechanisms of antibiotic resistance in major pathogens of purulent-inflammatory complications in cancer patients

The problem of microbial antibiotic resistance and investigation of its underlying mechanisms is of paramount importance for all fields of clinical medicine, including oncology. The aim of the study was to examine the mechanisms of antibiotic resistance for major pathogens causing purulent-inflammatory complications in cancer patients. Materials and methods. In 2012—2015 there was conducted a prospective examination of 184 cancer patients, including 67 patients at the Department of Surgery no. 1 and 117 patients at the Intensive Care Unit of the Krasnoyarsk Regional Clinical Oncology Center named after A.I. Kryzhanovsky. For this, we collected bronchoalveolar lavage fluid, wound discharge and investigated the material by using bacteriological method, as well as MALDI-TOF. Antibiotic sensitivity was studied as follows: disco-diffusion, double disc method, carbapenem inactivation method, staphylococcal sensitivity — by screening method, PCR, E-test method, and serial dilutions in Muller-Hinton broth. Genotyping and antibiotic resistance mechanisms study were performed by using PCR, M-PCR, and sequencing. The WHONET program (WHO) was used, with significance level set at p 0.05. Results. Microbiological examination of bronchoalveolar lavage fluid and wound discharge samples allowed to uncover prevalent associations of multi-resistant (MDR) and extremely resistant pathogens (XDR). The microflora of the lower respiratory tract and in the wound secretion in cancer patients were found to be dominated by non-fermenting Gram-negative bacteria reaching up to 44.5% and 48%, respectively; as well as order Enterobacteriales found in 24% and 34.9%, respectively; Gram-positive bacteria — 24% and 17.1%, respectively. Imipenem- and/or meropenem-resistant P. aeruginosa and A. baumannii, K. pneumoniae strains, were assessed for MBL production phenotypically, as well as the genes of the most common VIM, IMP types, whereas A. baumannii — for OXA-23, OXA-40, and OXA-58; and K. pneumoniae — for OXA-48. 20 strains and 16 strains of P. aeruginosa and A. baumannii, respectively, were studied by PCR. It was found that A. baumannii strains formed no MBL, but 56.3% of A. baumannii isolates (9 strains) produced OXA-23 and OXA-40 carbapenemases. Among P. aeruginosa strains there were three of them which possessed VIM (15.0%), whereas the remaining strains formed no MBL, but were resistant to carbapenems being associated with other resistance mechanisms, e.g. efflux, decreased permeability of cell wall etc. Among 6 isolates of K. pneumoniae, 1 strain produced OXA-48. In cancer patients, the percentage of methicillin-resistant strains among all members of the genus Staphylococcus was 48.9% (4 strains belonged to MRSA). PVL- MRSA strains belonged to the clones ST239/spa3(t037)/SCCmecIIIA/tst,sek,seq+ (75%) and ST8/ spa1(t008)/SCCmecIVc/sea+ (25%). MRSA ST239 showed multiple antibiotic resistance: to aminoglycosides (aacA-aphD, aadD genes were detected), linkcosamides/macrolides (the ermA gene was detected), fluoroquinolones (mutations in the GyrA gene — Ser84Leu; in GrlA- Ser80Phe), rifampicin (MIC more than 128 gg/ml; mutations in the rpoB gene are His481Asn, Ile527Met), sulfamethoxazole, tetracycline (tetM gene), and chloramphenicol (66.7% of isolates, the cat gene encoding chloramphenicol acetyl transferase was detected); but sensitive to vancomycin (MIC 1.0 gg/ ml), linezolid in 100% of cases. MRSA ST8 are resistant to aminoglycosides (aacA-aphD, aadD genes), lincosamides/macrolides (ermC gene), tetracyclines (tetK gene), chloramphenicol (cat gene); and 100% sensitive to fluoroquinolones, rifampicin (MIC 0.006 gg/ml), sulfamethaxazole, vancomycin (MIC 1.0 gg/ml), daptomycin (MIC 0.094 gg/ml), linezolid (MIC 0.75 gg/ml). Conclusion. Thus, it was found that members of the order Enterobacteriales, A. baumannii, P. aeruginosa and MRSA retain high resistance to a large number of antibacterial drugs of almost all classes. These data should be taken into account while choosing proper antibiotic therapy, as well as controlling spread of nosocomial infections caused by multiresistant microorganisms.

Last man standing: Potential absurdities in the Party Wall etc. Act 1996

This paper analyses the potential absurdities in the Party Wall etc. Act 1996 arising out of a recent party wall case, along with the practical implications for practising party wall surveyors. The Party Wall etc. Act 1996 came into force on 1st July, 1997 and is law in England and Wales. The Act provides a statutory mechanism for resolving disputes where the implementation of ‘notifiable’ works by one property owner (the building owner) has an impact on an adjoining property owner (the adjoining owner). Notifiable works generally comprise adjacent foundation excavations, works to repair, rebuild or modify a shared ‘party’ wall and the construction of walls at, or astride, the ‘line of junction’, being the legal boundary between the lands of two or more owners. In the event a ‘dispute’ arises between the respective property owners over the notifiable works, the Act requires both parties to appoint their own party wall surveyor, whereby the two surveyors then select a third surveyor to adjudicate any dispute they may have. Alternatively, the parties may elect to jointly appoint a single ‘agreed surveyor’ as a neutral arbiter. The agreed surveyor or the three surveyors, as the case may be, then resolve the dispute by way of an ‘award’ which is legally binding unless rendered invalid through procedural defect or where successfully appealed by either party in the county court within 14 days of service.

Features of blood pressure in mice with a genetic defect of different subtypes of α1-adrenoreceptors

To identify the effects of different subtypes of α1-adrenoreceptors on the level of systemic blood pressure in laboratory mice. Features of blood pressure of 36 laboratory mice older than 18 months having a genetic defect (lines ADRA-1A, ADRA-1D and ADRA-1D) of one of the subtypes of α1-adrenoreceptors (α1a, α1b, α1d) were studied. The control group included ten healthy laboratory mice of the same age. The blood pressure of mice was measured with modern high-precision and noninvasive method using the CodaTM Standard system (Kent Scientific Corporation, U.S.A.). The mice of the ADRA-1A line were revealed to have reduced systolic and diastolic blood pressure and maximum level of pulse pressure, as well as the greatest fluctuations of pulse pressure; for the ADRA-1B line - the highest levels of systolic and diastolic blood pressure; for the ADRA-1D line - the smallest systolic and diastolic blood pressure and the minimum values of pulse pressure. The obtained results show the specific contribution of α1a, α1b and α1d subtypes of the adrenoreceptors in the maintenance of normal hemodynamic of an organism, which should be considered when studying pathogenesis of primary open-angle glaucoma.

Combined Application of Multiple Support Forms in Design of Large Deep Foundation Pits

With the constant exploitation of underground space, the single support pattern is not able to meet the needs of the foundation ditch design. This paper is based on a design case of the large-deep foundation ditch in Hangzhou and took the different geological environment requirements into consideration. In this paper our research team put forward the composite design of support pattern which adopts steel support, bored grouting pipe, soil nailed wall etc. We hope this paper can provide suggestions and references for other analogous projects.

Security for adjoining owners under s.12(1) of the Party Wall etc Act: What is it really all about?

It is becoming increasingly more common for adjoining owners to require security in accordance with section 12(1) of the Party Wall etc. Act 1996, yet its application is often misunderstood. What should be a relatively straightforward process is frequently misused by owners and surveyors. This paper is intended to guide surveyors through the entire process, identifying what security is, when it should be required, how it should be administered, what it can include, the form it can take, how it should be released and illustrating the complexities often encountered.

Going to the third surveyor under Section 10 of the Party Wall etc. Act 1996

The aim of this paper is to convince surveyors practising in matters under the Party Wall etc. Act 1996 (the Act) that going to the third surveyor to resolve a dispute is not a failure — in fact, the opposite is true. The paper aims to give a steer on how referrals can and should be made, as well as providing examples of how to make them, when and for what reason. There is a great deal of confusion within the profession generally as to the role of the third surveyor, and the paper aims to throw light on the subject in a readable way which can be referred to again and again — becoming timeless as a reference document. The intention is to provide the reader with a greater knowledge of the principles behind a referral to a third surveyor and the required skills to do so.

Experimental study on the flow boiling oscillation characteristics in a rectangular multiple micro-channel

Multiple micro-channels can be used as heat sink components of many electronic devices due to high heat transfer capacity. In this paper, the flow boiling oscillation characteristics of a multiple micro-channel test section made of six rectangular micro-channels with an equivalent hydraulic diameter of 526.2 μm were experimentally studied. The experiments were operated with heat flux qeff 11.58–99.56 kW/m2, mass flux G 20.40–107.04 kg/m2·s and inlet temperature Tin = 55 °C. The flow pattern evolution process in the multiple micro-channel was visually studied and analyzed. Also, the pressure drop characteristics of the multiple micro-channel test section and two individual channels of the multiple micro-channel were measured and studied with time domain and frequency domain analyses, and the relationship between amplitude-frequency characteristics of test section pressure drop and qeff/G under typical working conditions was gained. The results showed that under oscillation conditions different flow pattern evolution modes may occur for different micro-channels due to the coupling effects of inertial force, the evaporation momentum, heating wall etc. During boiling, reverse flow of bubbles could be observed, and liquid may also be pushed upstream by the bubbles. The differences of oscillation waveform, frequency, phase position as well as the interaction effects of individual channels were found to get smaller with an increase of outlet equilibrium quality. Based on the amplitude-frequency characteristics, five flow boiling patterns were identified as boiling developed, i.e. the single phase pattern, the boiling onset pattern, the reverse flow onset pattern, the reverse flow infecting pattern, and the complete reverse flow pattern. The boundaries of the flow boiling patterns were very clear from a view of oscillation amplitude-frequency characteristics, and it was found that the boundaries can be roughly determined with parameter qeff/G.

Uncertainty on the Line of Junction

The esoteric term ‘Line of Junction’, in Section 1 of the Party Wall etc. Act 1996 (‘the Act’) has been the subject of much debate between party wall surveyors and lawyers.1 The first half of this paper considers two topics in the context of a building owner proposing to construct a wall entirely on his/her own land: first, the use of the phrase ‘Line of Junction’; and second, what qualifies as building on the Line of Junction? Building a wall entirely on the land of the building owner, albeit up to the Line of Junction, would appear less problematic than constructing a new wall astride the boundary line. Indeed, the second part of this paper will describe the benefits to both the building owner and the adjoining owner in the service of an appropriate notice under the Act to facilitate this; some potential difficulties are also identified. The drafting of Section 1 has produced a self-contradictory concept of a wall which is built on the boundary, and yet at the same time is placed wholly on the land of one owner. To make sense of the concept, it is necessary to consider the definition of terms used in sub-section 1(1); this paper will show that seeking the definition of terms used in the Act is not that simple. There is also some confusion concerning footings or foundations excavated on the boundary line: should they be considered as part of the wall built at the Line of Junction and is there an automatic right to place them on the land of the adjoining owner?

Appealing and challenging awards

This paper discusses the two main methods of challenging awards made under Section 10 of the Party Wall etc. Act 1996 (‘the 1996 Act’), namely an appeal under that Act and a challenge based upon the surveyor or surveyors making that award having exceeded their jurisdiction — ultra vires. The paper details the legal basis, time limits, procedure and practical implications of challenges to party wall awards on both bases, primarily by way of proceedings in the Courts of England and Wales. It discusses both the technical and legal requirements of such challenges, as well as the practical considerations to be taken into account by the parties and professionals involved.

Serving valid notices: Not as simple as it first appears

Serving valid notices is the essential first step in progressing a request to exercise rights granted by the Party Wall etc. Act 1996. It is an entirely sound assumption that if an initial party wall notice is invalid, then any resultant associated award served must also be invalid and any works progressed by way of that award could be found to be unlawful. Serving notices is often perceived as an inconvenient and generic exercise to which only limited attention and time is afforded. In these overly litigious times, a review of the common pitfalls and misconceptions related to the serving of party wall notices is essential. When considering ‘serving valid notices’, it is necessary to consider both the means of creating valid notices and the means by which such valid notices are served. The following key areas of party wall practice and associated case law are therefore explored in this paper: the sections of the Act which prescribe service requirements; types of notices — Line of Junction, Section 2, Adjacent Excavation and all other lesser used notices and how to ensure they are validly drafted; ensuring notices are served on the correct person and/or legal entity; validly noting owner details. Key findings are: a detailed description of proposed notifiable works is essential; the service provisions of Sections 15(1) and 15(2) must be taken in their literal sense; notices served on a ‘body corporate’ must be served on the ‘Secretary or Clerk’; Section 1 notices must accurately describe the intended wall and differentiate between Section 1(2) and 1(5) rights; Section 6 notices must include detailed drawings and elevations and full details of any strengthening or safeguarding works if proposed; notices must always list all owners in full; always record proof of service; building owners must be asked if it is intended to change the building owner entity; Section 12(1) notice must be served before any associated notifiable works commence.