Marchant v Capital & Counties Property Co Ltd

Case Summary

 

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

Marchant’s property was built against a wall in Capital’s sole ownership. Capital later demolshed their warehouse the other side leaving their side of the¬†wall exposed to the weather.

Marchant complained about damp penetrating from the exposed wall, and issued proceedings.

Decision:

The surveyors had awarded that Capital was to maintain the weatherproofing to the party wall. The Court of Appeal held that this imposed an ongoing indefinate obligation to maintain the weatherproofing, presumably for as long as Marchant used it.