Burlington Property Company Limited v Odeon Theatres Limited

Case Summary

 

Court:
Court of Appeal
Status:
Not Binding
Current Legislation:
Party Wall etc. Act 1996, s. 2(2)
Historic Legislation:
London Building Act 1930, s. 114(7)
Facts:

Odeon Theatres owned 33 Charing Cross Road. Burlington Property owned the adjoining premises at 35 Charing Cross Road. The flank wall of the theatre was a type “a” party wall. On the other side of the wall was Hunt’s Court, which although on Burlington Property’s land, was subject to a public right of way,

Odeon wanted to demolish the wall and rebuild it with arches that would allow access to No. 33 from Hunt’s Court. The surveyors made an award permitting the work. Burlington Properties appealed against it.

Decision:

Odeon could only demolish and rebuild the party wall to substantially the same design as it was. They had no right to rebuild the wall to a different design. In permitting those works the surveyors had acted beyond their jurisdiction.