Arena Property Services Ltd v Europa 2000 Ltd
Arena Property Services Ltd v Europa 2000 Ltd
- 2004
[2003] EWCA Civ 1943, 24 November 2003. Appeal by defendant (E) from HC decision dismissing its counterclaim against the claimant (A) in proceedings concerning construction work. A (who occupied number 96) extended its property, removed a soil pipe which came from E's property (number 98) passing through the party wall between the two properties. E was not the freeholder at the time of the proposed construction and its predecessor did not consent to the proposed works to the party wall. A surveyor was appointed under the Party Wall Etc Act 1996. A commenced proceedings alleging nuisance whilst E counter-claimed claiming trespass seeking damages under s2(5) and (7) of the 1996 Act. E's counter-claim was dismissed on the grounds that E had failed to prove that an easement existed. CA upheld HC decisions. Appeal dismissed. View at www.bailii.org.
ARENA PROPERTY SERVICES LTD V EUROPA
PARTY WALL ACT 1996
EASEMENTS
SOIL PIPES
Party walls
COMPENSATION
[2003] EWCA Civ 1943, 24 November 2003. Appeal by defendant (E) from HC decision dismissing its counterclaim against the claimant (A) in proceedings concerning construction work. A (who occupied number 96) extended its property, removed a soil pipe which came from E's property (number 98) passing through the party wall between the two properties. E was not the freeholder at the time of the proposed construction and its predecessor did not consent to the proposed works to the party wall. A surveyor was appointed under the Party Wall Etc Act 1996. A commenced proceedings alleging nuisance whilst E counter-claimed claiming trespass seeking damages under s2(5) and (7) of the 1996 Act. E's counter-claim was dismissed on the grounds that E had failed to prove that an easement existed. CA upheld HC decisions. Appeal dismissed. View at www.bailii.org.
ARENA PROPERTY SERVICES LTD V EUROPA
PARTY WALL ACT 1996
EASEMENTS
SOIL PIPES
Party walls
COMPENSATION