Wall Etc Research Articles

Developers beware: General principles as to the grant of injunctions when enforcing property rights

This paper examines the risk of an injunction faced by developers and builders where they carry out work that infringes the property rights of others; the latter usually being neighbouring landowners, or tenants. A ‘property right’ in this paper means, principally, a right under a restrictive covenant, or an easement, or a right inherent in landownership such as the right to prevent a trespass, whether over the land itself, or the strata under, or over it. In the latter class of right it is also important to note that unless the Party Wall etc. Act 1996 is observed, the resulting trespass and other infringements of property rights will often lead to injunctions being granted to stop the work. This is an important warning in cases where the current craze for basements (at least in London) leads to work being done without regard to that Act. The word ‘developer’ is used widely in this paper to include, for example, landowners (both freehold and leasehold) builders, contractors and their agents, as well as funders. The width of such a definition is designed deliberately to show that all those engaged in ‘development’ work must be aware of the risk of injunctions as the natural outcome where property rights are broken. This paper is not directed towards lawyers, but readers who are concerned in development, and who may be ‘developers’ referred to above. It is not a detailed treatise on the law of injunctions, or on the legal costs that arise under them. For this readers must consult specialist advisers. The paper is designed to give readers a steer towards the current state of the law, the risks they face under that law and how to lessen, if not avoid, those risks on a practical level.

Performance of RC Deep Beams with Different Combinations of Web Reinforcement

The behaviour of reinforced concrete deep beams is complex due to small shear span-to-depth ratios, which deviates its behaviour from the classical Bernoullis beam behaviour. Such behaviour is predominant in cases where members are supported over small spans carrying heavy concentrated or distributed loads. Such is the case in the structural members like pile cap, transfer girder, panel beam, strap beam in foundation, walls of rectangular water tank, shear wall etc. This paper reports on the influence of Poly propylene fibers combined with and without steel fibers on the stiffness, spall resistance and shear strength of RC deep beams. A total of 21 beams were tested to failure under two-point loading, which were compared with the ACI code provisions. The shear span-to-depth ratios adopted were 0.7 to 0.9 incorporating three steel fiber volume fractions of 0%, 1%, 1.25% along with two different fibers of Steel and Poly propylene with volume fractions of (1.0 + 0.0) %, and (1.0 + 1.0) %. The beams with shear span-to-depth ratios 0.7, 0.8 and 0.9 showed an increase of 21.9%, 23.43% and 23.9% in the ultimate load carrying capacity with combined steel and poly propylene fibers as replacement of web reinforcement with reference to that of the beam without web reinforcement. With the above combinations, the shear strength and stiffness of the beams have been found to be improved. When the horizontal shear reinforcement was increased, the shear strength was found to increase.

Professional duties of party wall surveyors

This paper explains the correct and professional way in which surveyors should undertake the role of an appointed surveyor under the Party Wall etc Act 1996. It explains the statutory framework within which the surveyors operate and the proper and practical way they should liaise with other appointed surveyors and advise their Appointing Owner on matters both within and without the scope of the Party Wall etc Act 1996.

Visco-Elastic Properties of Catheter Reinforced with Braids: Stress Relaxation under Two-Stage Step Strain for Different Deformation Paths

Generally, as for the material of catheter, a soft characteristic is necessary so as not to damage vascular wall etc. On the other hand, responsivity and enough rigidity are required for the surgical operations such as myocardial infarction or cerebral infarction. Therefore, the catheter, which is made of soft nylon resin and is reinforced with thin stainless wires so called “braid”, is chosen as the subject of this study. The purpose of this study is to reveal the effect of braid on the mechanical property of the catheter by investigating the relationship of the stress relaxation and the relative angle between the braid and the principal axis of stress. Especially, in order to investigate the stress relaxation under combined loading, the experiments of two-stage step strain for tension and torsion are carried out with different deformation paths. Consequentially, the phenomenon of the stress relaxation reduces with the relative angle becomes smaller. Moreover, the numerical model under two-stage step strain is proposed in this paper, and the validity of this model is confirmed by comparing the calculated results with the experimental results.

Design of Heat Exchanger Based on SW6

According to GB151 and GB150, the process design and structure design have been done for the floating head heat exchanger which is common in the chemical unit operation equipment. The software SW6 is used to compute the wall thickness, loading and etc. Strength design and structure design of the Tube-sheets, Tube-Chambers and Supports have also been finished on SW6. The results show that the equipment can meet the required strength.

The Party Wall etc. Act 1996

PurposeThe purpose of this paper is to consider the procedures under section 17 of the Party Wall etc. Act 1996 (“The Act”) for enforcement proceedings to recover an awarded sum. This paper will demonstrate that the procedure is unclear and confusing to the party wall surveyors, the magistrates, the county court officers and the legal profession who express conflicting views on the appropriate method of enforcement. The intent of this paper is to examine and explain the procedures that will allow the recovery of costs and other contingencies, as a civil debt within the Magistrates’ Court, with a comparison of the more traditional route of the County Court.Design/methodology/approachThe author has reviewed the relevant sections of the statutory acts and the limited publications that discuss and promote various methods of enforcement of actions that have been awarded and are recoverable summarily as a civil debt. Accordingly, the options to enforce payment within the magistrates’ and county courts will be considered, explained, and discussed within this paper.FindingsThis paper makes a contribution to the limited existing literature and theoretical interpretation of section 17 of the Party Wall etc. Act 1996, to provide a framework for considering the procedures and principles necessary to enforce payment of costs awarded under the Act. The paper makes a comparative analysis of the differences between the two recognised approaches and explains why a particular method (the Magistrates’ Court) will normally be the preferred option.Originality/valueThe paper demonstrates that there is confusion surrounding the appropriate method of enforcement, and provides a structured and detailed explanation of the appropriate method of enforcement.

Using “The Party Wall etc. Act 1996” to gain access to a neighbouring property

Purpose – This paper aims to consider the right created by section 8 of the Party Wall etc. Act 1996, which allows an owner of a property to enter on to an adjoining owner's property without their consent, while protecting the adjoining owner's legal rights. It identifies the procedures that an adjoining owner has to prevent unlawful access and to protect themselves from damages arising from the access.Design/methodology/approach – The paper reviews the implementation of that part of the Act dealing with access, informed by the author's professional experience as a party wall surveyor.Findings – While there is an explicit right of access on to an adjoining owner's property, the access is for works “in pursuance of the Act”. If the building owner can satisfy this criterion then the right of access is provided. If not, the access is a trespass and therefore should be dealt with as a tort in common law. The paper identifies the correct processes and factual evidence required to achieve access.Originality/val...

School playgrounds and physical activity policies as predictors of school and home time activity

BackgroundPrevious work has suggested that the number of permanent play facilities in school playgrounds and school-based policies on physical activity can influence physical activity in children. However, few comparable studies have used objective measures of physical activity or have had little adjustment for multiple confounders.MethodsPhysical activity was measured by accelerometry over 5 recess periods and 3 full school days in 441 children from 16 primary schools in Dunedin, New Zealand. The number of permanent play facilities (swing, fort, slide, obstacle course, climbing wall etc) in each school playground was counted on three occasions by three researchers following a standardized protocol. Information on school policies pertaining to physical activity and participation in organized sport was collected by questionnaire.ResultsMeasurement of school playgrounds proved to be reliable (ICC 0.89) and consistent over time. Boys were significantly more active than girls (P < 0.001), but little time overall was spent in moderate-vigorous physical activity (MVPA). Boys engaged in MVPA for 32 (SD 17) minutes each day of which 17 (10) took place at school compared with 23 (14) and 11 (7) minutes respectively in girls. Each additional 10-unit increase in play facilities was associated with 3.2% (95% CI 0.0-6.4%) more total activity and 8.3% (0.8-16.3%) more MVPA during recess. By contrast, school policy score was not associated with physical activity in children.ConclusionThe number of permanent play facilities in school playgrounds is associated with higher physical activity in children, whereas no relationship was observed for school policies relating to physical activity. Increasing the number of permanent play facilities may offer a cost-effective long-term approach to increasing activity levels in children.

Is there a can of worms in your party wall?

This article investigates whether the Party Wall etc Act 1996 is the panacea that it was hoped to be. Past Acts have tended to concentrate on the London area and this has now been extended to include all of England and Wales. An extensive literature review has been undertaken, with the result that the Party Wall etc Act 1996 and its sections have been examined in close detail. There do appear to be quite a few areas where the 1996 Act is not comprehensive and recommendations are made where this is appropriate and applicable. Personal opinions from surveyors have been sought and their contribution, where relevant, has been utilised. Some members of the profession feel so strongly about the 1996 Act that they have deemed it necessary to lobby Parliament for improvements and amendments to it and this can only lead to general overall improvements for all concerned if carried out correctly and expert opinion is listened to and acted upon. The surveying industry is currently self-regulated and it would seem that as long as this self-regulation continues to work satisfactorily, the likelihood of further government intervention in the working life of a surveyor is lessened. Attention to and recommendations for improvement in all relevant laws relating to the building industry can only help raise the professional profile of surveyors to the mutual benefit of all concerned. Highlighting legal matters and points of law using well-reasoned arguments with the Government should contribute towards persuading them that the surveying profession is responsible for monitoring itself and any further regulation is unnecessary.

2434 カテーテルの変形挙動と強度に関する研究 : 純曲げの応力緩和の特性(G03-8 変形・弾塑性挙動(1),G03 材料力学)

Generally, as for the material of catheter, soft characteristic is necessary not so as to damage vascular wall etc. On the other hand, a responsibility and enough rigidity are also required for the surgical operations such as myocardial or cerebral infarction. The purpose of this study is to investigate physical property of the catheter, which made of soft nylon resin and is reinforced with thin stainless wires called braid. In our previous report, applying the step strain for tension and torsion with two-stages, we ever have been investigated the phenomenon of stress relaxation by changing the order of tension and torsion, and we have been examined the effect of these loading histories on the visco-elastic property. In this paper, the phenomenon of stress relaxation under the pure bending is especially investigated by performing the experiments of 4-point bending and we try to formulate the numerical model based on these experimental results.

3661 カテーテルの変形挙動と強度に関する研究 : 2段階のステップ歪下での応力緩和の特性(G03-10 変形挙動,G03 材料力学)

Generally, as for the material of catheter, soft characteristic is necessary not so as to damage vascular wall etc. On the other hand, a responsibility and enough rigidity are also required for the surgical operations such as myocardial or cerebral infarction. The purpose of this study is to investigate physical property of the catheter, which made of soft nylon resin and is reinforced stainless braid. In a previous report, combined tension and torsion tests have been carried out to investigate visco-elastic response under multi-axial loading, and we have been discussed the effect of braid's angle. In this paper, we investigate the stress relaxation under two-stage step strain with respect to tension and torsion. In addition, we try to formulate the numerical model for visco-elastic response based on these experimental results.

Make sure you know the party wall rules

Nearly half of all complaints against ICE members relate to misapplication of the Party Wall etc. Act 1996. Tony Ridley, chairman of the Institution's Professional Conduct Panel, warns that members taking on engagements where the Act applies must make sure they understand this significant piece of legislation.

Briefing: Make sure you know the party wall rules

Nearly half of all complaints against ICE members relate to misapplication of the Party Wall etc. Act 1996. Tony Ridley, chairman of the Institution's Professional Conduct Panel, warns that members taking on engagements where the Act applies must make sure they understand this significant piece of legislation.

ELEMENT METHOD OF COST CONTROL

The ‘Element method of Cost Control’ introduces a hierarchical set of functional building elements. There are two groups of elements in building construction. The space delimiting elements are the elements, which are able to define spaces such as roofs, walls, floors etc. The space equipping elements are those, which furnish the space such as sanitary, electrical or air-conditioning elements. The elements are then sub divided into sub elements such as ground floor, curtain wall, internal wall etc. The first step of this method is to define each and every element as independently as possible. Late it it becomes feasible to select different solutions for sub elements without affecting the others. The main objective of this hierarchical system is to ‘create the possibility to obtain a large variety of solutions by combining parts’. The next step includes ‘Codification’. Each and every time in the element is codified for the regularization of the method and form the application in a computer model. The items can comprise its values from an authorized database of cost for example ‘schedule of rates’ can be used. The analysis is carried out beginning from the database. This database is used in the elaboration of the spreadsheets of each sub element. The spreadsheet for every individual sub element comprises detailed specification from the detailed drawings. As rates are linked with the database, a ‘Bill-of-Quantity’ is easily deducted from the spreadsheets. If, following this estimation, the project is within the budgetary constraints, the process can continue with phases like preparing specification, calling for tender etc. If not, the problematic part of revising major options of the project parts (macro elements, elements, sub-elements) is eased down by changing certain specifications. As they are all linked to he database with unit rates for construction costs, the whole process taken only minutes. The second important constraint other than budgetary, is the design constraint. The Architect’s job is to decide between different design alternatives for a particular project and select the one, which is the best. Always the best one is not the most economical one. The presence of the spreadsheet allows the architect to develop designs and simultaneously check the effect on the total cost. In certain circumstances, it helps the architect to decide the best cost-effective design solution. Another very important advantage of this element method is that it helps to make reliable predictions starting from the first phase of the design process and can be used when the project is being implemented. So cost - checking is not postponed for the time of completion of the project. The advantage of making a model is that we can easily understand the links between other elements of construction such as time and production. The more all those aspects are integrated in one bigger model, the more specific the model becomes. As a consequence, the model will never be suited to another context. But it eventually serves two main purposes: to enhance the insights in all those cross-links and to stimulate the elaboration of integrated models appropriate for a given context. Keywords: Element Method, Parametric models, Space delimiting elements, space equipping elements, codification, budgetary constraint, design constraint, schedule of rates.

Validity of process under the Party Wall etc. Act 1996

This paper considers the entire process leading to the making of a valid award under section 10 of the Party Wall etc. Act 1996. The powers and duties of the appointed surveyors, the validity of their appointment, and the effect of their awards are examined. The validity of some of the commonly used award clauses is also commented upon. The paper also considers agreements between the parties insofar as they might affect a dispute and the subsequent award. Finally, examples are provided as to where liability might lie for failure to produce a valid award, with important warnings for appointed surveyors.

The Party Wall etc. Act 1996: differences of opinion in interpreting section 1

Notes that differences of opinion often arise regarding the correct interpretation of provisions within the Party Wall etc. Act 1996. Argues that this is frequently due to ambiguities within the wording of the statute and to a lack of clarity within its provisions regarding its relationship to the common law. Examines three areas within section 1 of the statute where differences of opinion arise and challenges some of the assumptions regarding their correct interpretation. Concludes that differences of opinion will continue to arise until the deficiencies within the legislation are properly addressed.

What is a structure?

Considers the meaning of “structure” within the Party Wall etc. Act 1996. Notes that a literal meaning might include all man‐made objects in the built environment. Argues, however, that such an interpretation might be subject to a qualifying limitation on the basis of the golden rule of statutory interpretation and the presumption against depriving an individual of his rights. Suggests, on this basis, that only significant objects which are sufficiently proximate to the building operations to involve some real invasion of an adjoining owner’s rights should be included within the definition. Notes that this leaves considerable scope for discretion to be exercised by surveyors.

Sensible and co‐operative solutions under the Party Wall etc. Act 1996

This paper notes the challenges faced by surveyors outside London by the demands of implementing the new party wall legislation. It pays tribute to John Anstey’s guidance in this area and emphasises the importance of adopting a practical and common‐sense approach to the legislation. It cites a recent example where this approach was found to be successful and notes the continuing development of party wall expertise nationwide.

The appointed surveyor as arbitrator

This paper considers the legal status of a surveyor appointed under section 10 of the Party Wall etc. Act 1996. By reference to that Act as well as to the Arbitration Act 1996, the European Convention and to rules of natural justice it argues that the section 10 procedure is a statutory arbitration. It therefore argues that the appointed surveyor is an arbitrator who must be independent, act impartially, and be immune from suit. It also suggests that surveyors’ awards can be adopted as judgments by the courts and that they can only be appealed against provided the strict appeals criteria of the Arbitration Act are met.

Invalid party wall awards and how to avoid them

Considers the reasons for the invalidity of party wall awards. Examines decided cases under earlier party wall legislation in the context of the Party Wall etc. Act 1996. Explains invalidity on the basis of an excess of the surveyors’ statutory authority. Defines this authority in terms of jurisdiction and power. Demonstrates the limits of the surveyors’ authority and emphasises the importance of strict compliance with statutory procedures. Concludes that surveyors should adopt an inquisitive and analytical approach to the scope of their authority to avoid the possibility of invalid awards. Echoes John Anstey’s earlier warning that surveyors should avoid a broad‐brush approach to their duties which will only leave them “covered in soot”.