Archive for the ‘Basements’ Category

Damages for trespassing foundations

August 21, 2014  |   Basements,Party Wall Blog,Party Wall Damages   |     | ?>

In my last post I looked at what remedies were available to an adjoining owner when faced with underpinning that has encroached onto their land, and in particular the remedy of self-redress. In this post I will look at how the adjoining owner can recover the losses incurred in removing the trespassing foundations, which owners those claim may be brought against, and in which venue the claims may be brought. Types of claim

Histed v Prosperity Developments Limited – Party wall injunctions

A recent case in the High Court has underlined that Building Owners who commence works in breach of the Party Wall Act will be given very little  latitude when an application for an injunction is made. Background  In April 2013 Prosperity Developments Limited (“Prosperity”) was granted planning approval for the partial demolition of his house in London and the construction of a new three storey building. The proposed works included excavations ...

Basement excavations & damages for loss of value

November 29, 2012  |   Basements,Party Wall Blog,Party Wall Moot   |     | ?>

Basement excavations are becoming increasingly popular in London and the South-East, and I am often asked to advise on the impact the works may have on the value of adjoining premises. This issue arises particularly where the basement is to be constructed in such a way that it might prevent future development of neighbouring properties. [pullquote_right]... loss of value to a property caused by a neighbouring basement excavation could be recoverable ... [/pullquote_right]

Party walls and “raising downwards”

September 27, 2012  |   Basements,Party Wall Blog   |     | ?>

This post started life as part of a discussion on LinkedIn, but I thought the subject deserved more lengthy treatment. An unfortunately common idea, particularly in relation to basement excavations, is that a building owner can "raise a party wall downwards”. It is often used to avoid the absolute restriction on special foundations without the adjoining owners consent in section 7(4) of the Party Wall Act. [pullquote_right]...the ...