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Boundaries and adverse possession.

The editor of this section of the site is Samantha Jackson of 1 Chancery Lane, London.

There are two cases this month:
  • In a dispute under the Party Walls Act the court has jurisdiction to determine the appropriate method of assessing compensation.
  • Mooring a boat was not sufficient evidence for a finding of adverse possession.

Party Walls

Jurisdiction

Lea Valley Developments Ltd v Derbyshire
[2017] High Court (Unreported)

Summary

The court has an inherent jurisdiction to determine the appropriate method of assessing compensation following a dispute under the Party Wall Act 1996 notwithstanding that the Act provides a comprehensive code by which such disputes could be determined by a surveyor.

Outline of case

The claimant (C) built a number of houses adjacent to property owned by the defendant (D). Severe damage was caused to D’s property and the tenants had to vacate. It was accepted that the property would have to be demolished and rebuilt. The dispute arose as the parties were unable to agree the method of assessing compensation due to D. The declaratory relief sought by C was whether C’s obligation to pay compensation should be calculated by reference to diminution in value of the property, or the cost of reinstatement. The Court held that it had an inherent jurisdiction to identify the appropriate methodology to be adopted by surveyors of assessing compensation. The Court would not determine the amount of compensation, but would identify the appropriate test to be adopted by surveyors so that they could move forward. That would significantly narrow the issues and leave the surveyors simply to determine the facts and figures. It was the sort of issue that was appropriately determined by way of a Part 8 claim.

Adverse Possession

River beds

Port of London Authority v Mendoza
[2017] UKUT 146 (TCC)

Summary

Simply mooring a boat ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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