Allen v Department of Transport
Allen v Department of Transport
- 1994
- Property and Compensation Reports (1994) 68 P&CR 347-366(20) .
LT 14 June 1994. Assuming vacant possession, A claimed compensation under Land Compensation Act 1973 Part I, of £90,000 for depreciation in the market value of a freehold interest in a dwelling after a section of the M25 opened. It was also agreed that physical factors emanating from the motorway would reduce notional value by 10.5% (£9,450). The dwelling was subject to a tenancy at the time and a dispute arose as to whether the 10.5% should be reduced to reflect this. A argued there should be no reduction as the tenancy was short term and A could regain possession. Held that a deduction of 25% would be made from the vacant possession value (£90,000) reflecting the value of the freehold interest subject to the tenancy, giving a figure of £7,100 as compensation at 10.5%.
ALLEN V DEPARTMENT OF TRANSPORT
COMPENSATION
DEPRECIATION
FREEHOLD INTEREST
LAND COMPENSATION ACT 1973 PART I
LAND COMPENSATION ACT 1973 S4(4)
M25 MOTORWAY
NOTIONAL VALUE
PUBLIC WORKS
VACANT POSSESSION VALUE
LT 14 June 1994. Assuming vacant possession, A claimed compensation under Land Compensation Act 1973 Part I, of £90,000 for depreciation in the market value of a freehold interest in a dwelling after a section of the M25 opened. It was also agreed that physical factors emanating from the motorway would reduce notional value by 10.5% (£9,450). The dwelling was subject to a tenancy at the time and a dispute arose as to whether the 10.5% should be reduced to reflect this. A argued there should be no reduction as the tenancy was short term and A could regain possession. Held that a deduction of 25% would be made from the vacant possession value (£90,000) reflecting the value of the freehold interest subject to the tenancy, giving a figure of £7,100 as compensation at 10.5%.
ALLEN V DEPARTMENT OF TRANSPORT
COMPENSATION
DEPRECIATION
FREEHOLD INTEREST
LAND COMPENSATION ACT 1973 PART I
LAND COMPENSATION ACT 1973 S4(4)
M25 MOTORWAY
NOTIONAL VALUE
PUBLIC WORKS
VACANT POSSESSION VALUE