Posts Tagged ‘Compensation’

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 ...

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]

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 ...

Party walls & nuisance – Hirose Electrical v Peak Ingredients

In August 2011 the Court of Appeal decided the case of Hirose Electrical UK Limited v Peak Ingredients Limited [2011] EWCA Civ 987, and considered whether disrepair to a party wall could constitute a nuisance. The facts   Units 20 and 22 on the Crownhill Industrial Estate, Milton Keynes, were occupied by Peak Ingredients and Hirose Electrical respectively. They were separated by a party wall constructed in breeze block. That party ...

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), ...