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.

Authorised judgment here: http://www.boundariesbook.co.uk/wp-content/uploads/2019/02/Davis-v-Trustees-of-2-Mulberry-Walk-2012-HHJ-Bailey.pdf

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One thought on “Davis v Trustees of 2 Mulberry Walk (26th January 2012)”

  1. As ever, the interesting twists in this case can obscure the real lessons for practising surveyors. Paragraphs 123-129 contain some excellent quotable quotes. Paragraph 123 “…s.7(2) properly interpreted as covering any work executed in pursuance or in purported pursuance of an award made under the Act.”
    Thank you, Nick.

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