Party Wall Surveyor Bruce Spenser MSc MCIOB

Party Wall Injunctions

Injunctions – If works are started which should have been the subject of a party wall notice the adjoining owner may consider an injunction whilst the Building Owner correctly serves notices.

You should contact a lawyer – you are on very strong ground (unlike your party wall).  The case of Udal v Dutton 2007 fully supports an injunction to stop the works pending following the requirements of the act.  You will need to demonstrate three things:

·      that there is a serious issue to be tried

·      that the balance of convenience favours the grant of an injunction

·      that damages would not be an adequate remedy

In Udal v Dutton it was decided that trespass and wrongful interference with property is a serious issue (and that this was sly destruction)

the protection of the remainder of the wall and to replace on a temporary basis that part of the wall which had been wrongfully demolished is a balance of convenience

Damages would be inadequate as a householder who sees part of their property destroyed without consent is more concerned to preserve their property rights rather than secure damages

Relevant Case Law:

Heathcote v doal 2017

Histed v prosoerity developments 2013

Udal v dutton 2007

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