Puttock v Bexley LBC
Puttock v Bexley LBC
- 2004
- Rating and Valuation Reporter [2004] RVR 216-128(3) .
ACQ/101/2003, 19 April 2004. Claimant (P) sought compensation for injurious affection under the Compulsory Purchase Act 1965 s10 for the loss of freehold value of house due to breach of restrictive covenant. P claimed that the restrictive covenant restricting the use of land for non-residential development added 10% in value to property when he bought it. Some of the land surrounding the property including a part subject to the restrictive covenant had been acquired for a major town centre development. The restriction of the covenant having been over ridden by the local authority LT held that compensation payable for injurious affection was nil. Any claim for injurious affection under s10 of the 1965 Act was for diminution in value in the claimant's property caused by execution of the works, and the valuation date must be determined by reference to time of the works. Also notes that test of obsolescence of covenant had not been satisfied.
PUTTOCK V BEXLEY LBC
INJURIOUS AFFECTION
COMPULSORY PURCHASE ACT 1965 S10
COMPENSATION
RESTRICTIVE COVENANTS
DIMINUTION IN VALUE
RESIDENTIAL PROPERTY
Valuation
ACQ/101/2003, 19 April 2004. Claimant (P) sought compensation for injurious affection under the Compulsory Purchase Act 1965 s10 for the loss of freehold value of house due to breach of restrictive covenant. P claimed that the restrictive covenant restricting the use of land for non-residential development added 10% in value to property when he bought it. Some of the land surrounding the property including a part subject to the restrictive covenant had been acquired for a major town centre development. The restriction of the covenant having been over ridden by the local authority LT held that compensation payable for injurious affection was nil. Any claim for injurious affection under s10 of the 1965 Act was for diminution in value in the claimant's property caused by execution of the works, and the valuation date must be determined by reference to time of the works. Also notes that test of obsolescence of covenant had not been satisfied.
PUTTOCK V BEXLEY LBC
INJURIOUS AFFECTION
COMPULSORY PURCHASE ACT 1965 S10
COMPENSATION
RESTRICTIVE COVENANTS
DIMINUTION IN VALUE
RESIDENTIAL PROPERTY
Valuation