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Demolition dust-up

By: Series: Construction News ; (6722) 28 June 2001, 25(1)Publication details: 2001Subject(s): Summary: Notes the ruling in "Video London Sound Studios v Asticus (GMS) and Keltbray Demolition" that the claimant was entitled to compensation for damage caused by dust, noise and vibration from building and demolition works, which would not constitute an actionable nuisance where only the enjoyment of property was interfered with, as it resulted physical damage to a neighbouring property. Under the London Building (Amendment) Act 1939 s46, however, party wall actions can only be brought for damage to an adjoining property not for that caused to chattels.
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Journal article London Journal article ABS64079 (Browse shelf(Opens below)) 1 Available 113551-1001

Notes the ruling in "Video London Sound Studios v Asticus (GMS) and Keltbray Demolition" that the claimant was entitled to compensation for damage caused by dust, noise and vibration from building and demolition works, which would not constitute an actionable nuisance where only the enjoyment of property was interfered with, as it resulted physical damage to a neighbouring property. Under the London Building (Amendment) Act 1939 s46, however, party wall actions can only be brought for damage to an adjoining property not for that caused to chattels.