London, Gloucester & North Hants Dairy Company v Morley and Lanceley

Case Summary

 

Court:
High Court
Status:
Non-Binding
Current Legislation:
Party Wall etc. Act 1996, s. 20
Historic Legislation:
London Building Act 1930, s. 5, s. 58
Facts:

The Dairy was a tenant of land in Lambeth which included a wall in their sole ownership that had been free-standing, but had subsequently been enclosed upon both sides, save for a small parapet on top. The adjoining land was owned by Morley and Lanceley.

Morley and Lanceley served notice to raise the wall. A surveyors’ award authorised the works. The Dairy appealed to the County Court, which found that the award was invalid on the basis that it was only a party wall to the extent it was enclosed upon, and as the parapet was not enclosed upon, Morley and Lanceley could not raise it.

Morley and Lanceley appealed to the High Court

Decision:

As the top of the wall (the parapet) was not enclosed upon both sides it was not a party wall and blonged solely to the Dairy, and Morley and Lanceley therefore had no right to raise it.

Comment:

Although you a parapet wall in one party’s ownership sould not be raised, it is conceivable that, where a wall is enclosed upon both sides for it’s entire height (as in a terrace of house) it might be that a building owner could raise it, although the status of the raised position is unclear