Case Summary
Court: |
High Court |
Status: |
Not Binding |
Current Legislation: |
Party Wall etc. Act 1996, s. 2(2)(a), s. 9 |
Historic Legislation: |
Metropolitan Building Act 1855, s. 83 |
Facts: |
Haldane raised a party wall having followed the procedure under the 1855 Act. The raised party wall interfered with Croft’s right of light. Croft applied for an injunction. |
Decision: |
Although a surveyors’ award might authorise temporary interference with the adjoining owner’s property rights, the surveyors have no jurisdiction to authorise permanent interference. |
Comment: |
This is now expressly provided for in section 9 of the 1996 Act. |