Mason v Fulham Corporation

Case Summary

 

Court:
 High Court
Status:
 Non-Binding
Current Legislation:
 Party Wall etc. Act 1996, s. 11(11)
Historic Legislation:
 London Building Act 1894, s. 95, s.99
Facts:

Mason raised the party wall between his property and the Fulham Library in May 1895. A notice was served an award was made. That award stated that the Corporation would have the right to use the party wall at any time upon payment of one half of the cost of building the way. Mason subsequently sold the property.

In 1908 Fulham served a notice on the new owner of Mason’s house, Sir Edward Galsworthy, stating their intention to enclose upon the wall. Notices were served an award made which required the Corporation to pay to Sir Edward one half of the cost of the wall, which they did.

Mason later found out about the payment, and issued proceedings against the Corporation. He argued that the payment should be made to the person who raised the wall originally, not the person who may own it for the time being.

Decision:

Mason’s claim was dismissed.

Compensation payable for subsequent use of the works (under what is now s. 14 of the 1996 Act) is to be paid to the building owner at the time the use is made; not to the building owner who originally constructed the wall.

Comment:

This case can be contrasted with Re Stone and Hastie the right to compensation was not transferred to a tenant on the grant of a lease.