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When is a Party Wall Award Legally Served? Lessons from Freetown Ltd v Assethold Ltd [2012]

Tuesday 22nd April 2025

In the world of party wall surveying, timing is everything — especially when it comes to the service of an award. A key case, Freetown Ltd v Assethold Ltd [2012] EWCA Civ 1657, clarifies exactly when a party wall award is deemed to be served — and why both surveyors and building owners need to pay close attention.

Here’s what happened, and what it means for you.

The Background
Freetown Ltd, the freeholder of a property in London, served a party wall award on Assethold Ltd, the leaseholder of the adjoining property. The award had been made under the Party Wall etc. Act 1996, and like any award, it could be appealed — but only within 14 days of being “served.”

The dispute arose over exactly when the award had been served: was it the date it was posted, or the date it was received?

This might seem like a small detail, but it was the deciding factor in whether the appeal had been lodged in time.

The Court’s Decision
The Court of Appeal ruled that the award was deemed served when it would ordinarily have been delivered by post, not necessarily when the recipient actually received it.

This interpretation is based on Section 7 of the Interpretation Act 1978, which says:

"Where an Act authorises or requires any document to be served by post, then, unless the contrary intention appears, service shall be deemed to be effected... at the time at which the letter would be delivered in the ordinary course of post."

So, if an award is posted on a Monday via first class, it’s legally considered served by Tuesday or Wednesday — even if the recipient doesn’t open or see it until later.

Why This Matters for Surveyors and Property Owners
This case highlights a few crucial points for those involved in party wall matters:
1. The 14-day appeal window starts from the date of deemed service — not from when the award is opened or acknowledged.
2. Surveyors should clearly document when awards are posted and use reliable postage methods, ideally with proof of posting or delivery.
3. Owners who wish to dispute an award must act quickly and can’t rely on delayed receipt as a defence.

Conclusion
Freetown Ltd v Assethold Ltd is a vital reminder that even minor delays or misunderstandings in serving documents can have serious legal consequences. As party wall surveyors, it’s part of our job to ensure these technicalities are handled with precision — protecting both the integrity of the process and our clients’ rights.

If you’re planning building works or need advice on a party wall matter, get in touch with our expert team. We offer clear, reliable advice that helps you stay on the right side of the law — and the timeline.