Archive for the ‘Party Wall Damages’ 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 ...

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

Removing trespassing foundations

Over the last 18 months I have seen an increasing number of cases where the underpinning from one development has encroached upon adjoining land, thereby affecting or preventing development of that adjoining land. This can be a very tricky issue, particularly where one or more of the properties have changed hands since the original works took place. This first post will look at the options open to the adjoining owner upon ...

Party Walls & the “De Minimis” rule

Many of the rights under the Party Wall Act are very wide-ranging, and have the potential to catch many building owners unaware. For example, the right under section 2(2)(a) to "thicken" a party wall might well include plastering the wall becuase it increases the width of the wall, or the right under section 2(2)(f) to "...cut into a party structure for any purpose..." might well include cutting in chasings, or even drilling into the ...

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 ...

Consent, damages & trespass to a party wall – Seeff v Ho

The Court of Appeal recently considered in Seeff v Ho [2011] EWCA Civ 186 the nature of an alleged oral waiver of the obligations under the Party Wall etc. Act 1996, and the basis on which damages for trespass in breach of the 1996 Act are to be assessed. The facts   In 2006 Mr and Mrs Ho decided to build an extension and undertake other improvements to their house at ...

Party walls, injunctions and exemplary damages

Two recent decisions of the High Court send a salutary message to developers who recklessly infringe the property rights of others, and confirms that flagrant disregard for those rights will usually result in an injunction being issued. In HKRUK II (CHC) Ltd v Heaney [2010] EWHC 2245 (Ch) The developer, a subsidiary of commercial property fund Highcross, undertook a development which included refurbishment of Toronto Square (pictured), ...