In our last blog ‘Basement Extensions | Removing Trespassing Underpinning’ we looked at the options available for removing underpinning that have encroached onto your land. Now that you have removed the underpinning and got your basement extension project back on track, you may need to look at whether you can recover any of the losses that you have incurred.
Under section 7 (2) of the Party Wall Act the person who originally built the foundations must compensate you for any loss or damage you suffer. This will include, for example, the cost of removing the encroachment, the delay payments made to the building contractor and possibly the additional rent for alternative accommodation during the period of delay.
To make this claim you can either contact the surveyors who originally dealt with the construction of the underpinning and ask them to make an award or you could make a claim in the County Court instead.
Making a claim for compensation is more difficult where one or indeed both properties have been sold since the underpinning was constructed. Generally speaking a claim under the Party Wall Act can only be made against the person who originally built the foundations. It may be possible to claim against the current owner if it can be proved that they were aware of the trespass but did not take steps to remove it.
If you would like advice or assistance on any of the issues raised in this blog please contact Morrisons Solicitors basement extension expert Matthew Hearsum. Matthew is a partner is the Dispute Resolution team and can be contacted by email at [email protected] or by telephone 01483 215 034.
Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.