Archive for the ‘Party Wall Case Law’ Category

Bridgland v Earlsmead Estates Limited: unnecessary inconvenience

On 1 July 2015 His Honour Judge Grant handed down judgment in Bridgland v Earlsmead Estates Limited [2015] EWHC B8 (TCC) in which the Technology and Construction Court considered the purpose of section 4 counter-notices, and whether a claim for breach of statutory duty could be made under section 7(1) of the Party Wall etc. Act 1996 (“the 1996 Act”). Background Facts The defendant is the freehold owner of a ...

Dillard v F&C Commercial Property Holdings Ltd – party wall agreements

 The High Court has recently found that a dispute resolution clause in an agreement between a building owner and an adjoining owner can replace the provisions of section 10 of the Party Wall Act. F&C owned 24-27 Great Pulteney Street in Soho, London. In October 2007 they entered into a deed with Dillard, who owned the adjoining property at 23 Great Pulteney Street. The purpose of the deed was to regulate their ...

Legal presumptions as to ownership of a party wall

In my last post I discussed the effect of an express declaration in a deed that a wall was a party wall. But what is the position where there is no such declaration? The Courts have considered this issue in two cases: Wiltshire v Sidford and Cubitt v Porter. Essentially, where the circumstances in which the wall was built are unclear the law presumes ...

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 ...

Party wall appeals – Review or rehearing?

Statutory appeals, such as an appeal under section 10(17) the Party Wall Act , can take one of two forms; an appeal by way of rehearing, or an appeal by way of review. The difference between the two is helpfully summarised in the judgement of May LJ in El Du Pont De Nemours & Company v St Dupont [2003] EWCA Civ 1368. In essence, in ...

How to calculate compensation for breaching the party wall act

Where the building owner infringes an adjoining owner's property rights, for example by enclosing upon their wall, the surveyors may be called upon to value those infringements in an award of damages, or compensation. But how should surveyors approach this task? The Court of Appeal have helpfully given guidance on this issue in a couple of recent cases. The first case is Seeff v Ho [2011] EWCA Civ 186 in ...

Party wall notices and joint owners

Tricky situations can arise where there is more than one owner of land or buildings that are subject to the Party Wall Act, as it may not be possible to locate all of the owners. Can a notice be served if only one of the building owners is available? What happens if all of the adjoining owners have been identified, but one of the joint owners cannot be traced? Adjoining owners

Party Wall Injunctions & Costs – Nelson’s Yard Management Co v Eziefula

The Court of Appeal recently gave judgment in Nelson's Yard Management Co v Eziefula [2013] EWCA Civ 235, a case concerning whether the defendant should bear the costs of an aborted application for an injunction for breach of the Party Wall etc. Act 1996. Background Nelson's Yard Management Company ("Nelson's") is the freehold owner of 1 – 10 Nelson's Yard, Camden. The Defendant, Mr ...

Date of service of party wall award – Freetown Ltd v Assethold Ltd

In Freetown Limited v Assethold Limited [2012] EWCA Civ 1657 a party wall appeal under section 10(17) of the Party Wall etc. Act 1996, the Court of Appeal has given some much needed guidance on the service provisions of section 15 of the Party Wall etc. Act 1996. Freetown is the freehold owner of 12 Westport Street, London. Assethold had a long lease of the adjoining property, 4 ...

Harrassment of adjoining owners and damages for trespass – Jones & Lovegrove v Ruth & Ruth

In July 2011 the Court of Appeal handed down its judgment in Jones & Lovegrove v Ruth & Ruth [2011] EWCA Civ 804. The case is interesting because it confirms that an errant building owner can be liable in substantial damages for harassment of their adjoining owner, and also provides some guidance on the principles to be applies when assessing damages for trespass to a party wall. The Claimants, mesdames Jones ...