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Boundaries and adverse possession.

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

Party Walls Act 1996

Damages

Lea Valley Developments Ltd v Derbyshire
[2017] 4 WLR 120

Summary

The Court has clarified that the provisions in the Party Walls Act 1996 allowing compensation for loss and damage (s7(2) PWA 1996), is subject to the usual common law principles for assessing damages for torts to land.

Facts

The parties owned adjoining freehold properties. The claimant (C) decided to do some works and obtained an award under s10 of the PWA 1996 authorising these which included notifiable excavation works under s6. C then carried out works which undermined its neighbour’s property such that demolition and rebuilding was needed. C applied to Court for a declaration as to the correct method for assessment of damages.

(In separate proceedings D had been unsuccessful in its objection on the basis that the PWA 1996 was a comprehensive code which precluded applications to court (except limited rights of appeal against award decisions).)

The relevant terms of the s10 award stated that C was obliged to:
    "make good ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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