Overview
Manu v Euroview Estates Ltd is one of the more practical party wall cases because it deals with things that happen in real disputes: imperfect notices, tactical objections, fee arguments and slow progress.
The case is a warning to both owners and surveyors. Technical points matter, but they should be raised early and used properly.
What happened
Composite notices were served under sections 3 and 6. There were problems with the section 6 information, particularly the detail needed to understand the proposed excavations.
The adjoining owner's surveyor took procedural points, resisted progress, sought fee undertakings and became involved in arguments about whether the process could continue.
Key points
The case is commonly cited for several practical propositions:
- A surveyor can be appointed before a notice is served, with the appointment taking effect when a dispute arises or is deemed to arise.
- Defects in a notice may be waived, or a party may be estopped from relying on them, if the parties proceed as though the notice is valid.
- Technical objections should be raised promptly, not saved for tactical use later.
- Obstructive behaviour and fee-driven tactics can amount to a refusal to act effectively.
Why it matters
The case does not mean notices can be sloppy. The opposite is true: notices should be properly prepared from the outset.
However, it also makes clear that the party wall process should not be weaponised. A surveyor who sits on technical points or uses them to block progress may damage their own position.