Archive for the ‘Party Wall Injunctions’ Category

Trespassing walls, injunctions and damages

If a building owner builds a wall wholly or partly on the adjoining owner’s land without consent the adjoining owner may apply to the Court for an injunction requiring that wall to be demolished. However, it should be remembered that the Court does not have to grant an injunction, and may award damages instead. The Courts have developed a  “good working rule” for when the Court will award damages. The elements of ...

Can surveyors make a party wall award without a notice?

It had long been thought that party wall surveyors could only make an award if the building owner had served a notice. This was the view expressed by the Court of Appeal in Louis v Sadiq. If no notice had been served then the adjoining owner would be left to apply for an injunction. However, that case was decided under the section 55 of the London Building Acts (Amendment) Act 1939, which provided:-

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 ...

Alternatives to party wall injunctions

If a building owner starts work without first serving the required notice under the Party Wall Act the adjoining owner can apply to the Court for an emergency injunction stopping the works. But party wall injunctions are not the only option. Where the building owner serves a notice and the adjoining owner does not agree to the works within 14 days then a "deemed" dispute arises (for example, under section 5 ...

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 ...

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), ...