Party walls; section 7(2) compensation:
Summary: Surveyors have jurisdiction to award compensation under section 7(2), even where the damage suffered, or the works causing the damage, are outside the strict terms of the award.
Concrete overspill from an earlier basement extension was discovered nearly a decade later, when the original adjoining owner undertook his own basement extension. An award was made by the third surveyor of compensation under section 7(2), which was appealed by the now adjoining owner on various grounds. Not only did the judge find that the compensation awarded was too high, but he was also forced to conclude that the award had been made without jurisdiction because the third surveyor was only selected in relation to the more recent award, whereas the entitlement to compensation arose from the original award.