Boundaries: hedge on bank; stock-proof fences; appealing factual findings Facts: A boundary dispute arose in relation to a boundary between what had, originally, been a boundary between two fields. The operative conveyance dated from 1928. The judge at first instance Read More
Party walls; compensation; remedial works; mitigation of loss; surveyors Facts: The Welters built their basement extension shortly before the McKeeves, and consequently it was the Welters’ contractors who underpinned the party wall between their respective properties. The underpinning was carried Read More
Party walls; boundaries; estoppel; res judicata; implied boundary agreements Facts: This was the hearing of a preliminary issue as to whether it was open to Mrs Fenton to argue that a particular wall was not a party wall. The relevant Read More
Easements; right of way over private road. Authorised Judgment here: Roberts v Parker (21 May 2018)
Party walls; reasonableness of surveyors’ costs; evidence required to challenge quantum of surveyor’s costs. Authorised Judgment here: Amir-Siddique v Kowaliw 18th May 2018 HHJ Bailey
Party walls – compensation for damage to adjoining owner’s property; cost of remedial works; removal and storage; alternative accommodation; loss of amenity; retention of security for expenses after completion of notifiable works Authorised Judgment here: Chliaichfchtein v Wainbridge CLCC 26th April Read More
Party walls; service of documents; electronic service; impact of Party Wall etc Act 1996 (Electronic Communications) Order 2016 Authorised Judgment here: Knight v Goulandris [2018] EWCA Civ 237
Boundaries; party wall; injunctions; oversailing scaffolding; works commenced prior to party wall award; damages in lieu of an injunction. Authorised Judgment here: Apexmaster v URC Thames North Trust
Injunction against surveyors after settlement agreement between parties; whether a dispute still existed for the purposes of section 10. Authorised judgment here: Mohamed & Lahrie v Antino & Stevens 13th December 2017
Party walls; assessment of damages under cross-undertaking; quantum of loss; causation of loss; trespass; fraud. Authorised Judgment here: Gray v Elite Town Management 17th October 2017