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Party Wall dispute that ended up in Court

Latest Newson November 13th, 2009No Comments

I attach a summary of a recent court case relating to a Party Wall dispute that ended up in Court.

It’s interesting because the Adjoining Owner consented to the works, but once work had started, damage occurred to his property, and only at that point did he appoint a Surveyor.

Because the act had been implemented by service of a valid notice, and a dispute had arisen, the Court agreed that the Adjoining Owner’s decision to appoint a Surveyor at that time was acceptable.

Furthermore, the Building Owner went to ground. Did nothing. So, using powers under the Act, the Adjoining Owner’s Surveyor appointed a Surveyor for the Building Owner.

The two Surveyors agreed an Award that set out a reasonable cost of repairs and fees.

The Building Owner then took an interest and decided to appeal the Award as being improperly made, but the Court upheld the Award as being properly served, and directed the Building Owner to pay up.

Onigbanjo – v – Pearson     29th May 2009: Mayor’s & City of London Court

Building Owner served notice relating to works under sections 2 & 6 of the Act and the Adjoining Owner consented to the works.

The Adjoining Owner’s property was damaged by the works and the Building Owner refused to pay the cost of repairs.

The Adjoining Owner appointed a Surveyor under the Act. The Building Owner failed to appoint a Surveyor under the Act, therefore the Adjoining Owners Surveyor appointed a Surveyor to act for the Building Owner (using provisions of the Act).

Both Surveyors, so appointed, agreed, prepared and served an Award setting out the cost of repairs and fees incurred in repairing the damage to the Adjoining Owners property.

The Building Owner appealed the Award.

Despite the fact that the Adjoining Owner had consented to the works, the judge dismissed the Building Owner’s appeal, upheld the Award and directed that payment should be made by the Building Owner to the Adjoining Owner.

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