Leadbetter v Marylebone Corporation [No. 1]

Case Summary

 

Court:
Court of Appeal
Status:
Non-Binding
Current Legislation:
Party Wall etc. Act 1996, s. 10
Historic Legislation:
London Building Act 1894, s.91
Facts:

Leadbetter owned the freehold of 33 John Street, Near Edgeware Road. Marylebone owned the freehold of No. 34 next-door. The properties were seperated by a party wall. Leadbetter wanted to demolish and rebuild his property, including demolishing and rebuilding the party wall.

Notice was served in 1902, and an award made. That award purported to give Marylebone the right to raise the party wall at any point in the future. The works were completed by Leadbetter.

In 1904 Marylebone started works to raise the party wall without servicing notice. They argued that the original award authorised them to do so. Leadbetter objected on the basis that he had not received notice. Leadbetter applied for an interim injunction to stop the works, which was granted. Marylebone appealed the injunction to the Court of Appeal.

Decision:

The Court found that the surveyors had a strictly limited jurisdiction to deal with the works identified in the party structure notice only. They had no jurisdiction to deal with separate future works such as the raising of the party wall by Marylebone in this case, and the part of the 1902 award that dealt with this was invalid.

As the relevant part of the award was invalid Marylebone had no right to undertake the works without first serving notice. The appeal was dismissed and the injunction continued in force.