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Continue reading →: Date of Service of Party Wall Award – Freetown Ltd v Assethold Ltd [2012] EWHC 1351
In Freetown Limited v Assethold Limited [2012] EWHC 1351, a party wall appeal under section 10(17) of the Party Wall etc. Act 1996, the High Court has given some much needed guidance on the service provisions of section 15 of the Party Wall etc. Act 1996. Background Freetown is the…
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Continue reading →: 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…
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Continue reading →: Bad Smells, 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…
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Continue reading →: Consent & Damages for Trespass – 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…
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Continue reading →: Party Walls and Permitted Development
Many party wall surveyors will be familiar with the difficulties of dealing with party walls in relation to permitted development. It is unfortunately common for planning authorities to refuse an application for a lawful development certificate where the works include the raising of a party wall on the ground that…
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Continue reading →: Security for Expenses – Kaye v Lawrence
It has long been thought that an adjoining owner could only request security from the building owner under s. 12(1) of the Party wall etc. Act 1996 (“the 1996 Act”) where works were being undertaken on or to the adjoining owner’s land. However, in a recent appeal from a third…
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Continue reading →: Injunctions and Exemplary Damages
Two recent decisions of the High Court send a salutary message to developers who recklessly infringe the rights of others. The Right to an Injunction 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…
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Continue reading →: Start at the Beginning…
As every party wall surveyor knows, the Party Wall etc. Act 1996 has its origins in legislation passed shortly after the Great Fire of London…
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