Archive for the ‘Party Wall Trespass’ 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 ...

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 ...

Boundary disputes 2 – The surveyor’s report

In my last post I explained that the starting point in any boundary dispute is to find and analyse the first conveyance. In this post I will cover the next stage, which is to commission a boundary surveyor’s report. The Court of Appeal set out what the surveyor should be asked to do in the case of Childs v Vernon [2007] EWCA Civ 305:- “On the issue of the ...

Boundary disputes 1 – Find the first conveyance

February 28, 2013  |   Boundary Disputes,Party Wall Blog,Party Wall Trespass   |     | ?>

Following on from my earlier post, this is the first in a series that will set out the approach that the Courts and Land Registry Adjudicator will adopt when resolving boundary disputes. Although often the first thing the parties look at is the Land Registry and Ordinance Survey plans, they are simply not relevant in boundary disputes. Lord Hoffman set out exactly needs to be done at the beginning of ...

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 ...