Neighbourly matters surveying practice : a critical examination of a specialist legal aspect of the professional knowledge base of chartered building surveyors

Chynoweth, P

Abstract

The thesis addresses the subject of 'neighbourly matters' - a specialist area of legal
consultancy undertaken by members of the chartered building surveying profession. The
specialism deals with the impact of property development on neighbouring properties and
is largely concerned with the provision of professional services in relation to party wall and
rights to light issues.
The research explores a number of ambiguities and uncertainties in the legal and technical
professional knowledge base underlying practice in these fields. Specifically, by
undertaking its exploration in the context of current approaches to practice, it aims to
critically evaluate the compatibility of existing practice with the theoretical knowledge on
which it is purportedly based.
The thesis places the research at the interface between the legal and built environment
academic traditions and the disciplinary and epistemological implications of this are
explored. The research employs a combination of doctrinal and interdisciplinary legal
methodologies, as defined within the thesis. The thesis locates these within the humanities
tradition of research and also draws comparisons with similar approaches within the social
sciences.
The research codifies relevant areas of the professional knowledge base that have not
previously been explicitly articulated. In so doing it highlights a number of contradictions
between the nature of the neighbourly matters prepositional knowledge base, and the
reality of practice within the field. It concludes that the disparity between professional
knowledge and actual practice leaves members of the profession vulnerable to legal
challenge, and that such disparity should be addressed through further research and
education.

Citation

Chynoweth, P. Neighbourly matters surveying practice : a critical examination of a specialist legal aspect of the professional knowledge base of chartered building surveyors. (Thesis). Salford : University of Salford

• Thesis Type: Thesis
• Deposit Date: Oct 3, 2012
• Award Date: Jan 1, 2011