Wiltshire v Sidford

Case Summary

 

Court:
High Court (Kings Bench)
Status:
Binding
Current Legislation:
Party Wall etc. Act 1996, s. 20
Facts:

Wiltshire & Sidford owned two semi-detached houses.

Sidford demolished his house and half of the party wall separating them. He then enclosed his new house on the remaining half of the wall.

Wiltshire argued that this was a trespass because the whole of the party wall was within his ownership.

Decision:

Where two or more houses are constructed together, then sold off separately, the law presumes that the wall dividing them is a party wall built equally on land belonging to each property.