Mining subsidence.
Mining subsidence.
- 1999
- Estates Gazette Case Summaries [1999] EGCS 105 (1) .
McAreavey and another v Coal Authority. CA 13 July 1999. The claimant's property had suffered structural damage caused by subsidence due to mining damage. The British Coal Corporation offered to carry out remedial works totalling £3,500, however the offer was rejected by the claimants who then sold the property for £40,000, although undamaged it was worth £115,000. The claimants recovered £75,000 from their insurers, who then succeeded to the claimant's rights by subrogation and claimed compensation for the loss of value. The Lands Tribunal rejected the claim, the claimants appealed. Appeal allowed.
MCAREAVEY AND ANOTHER V COAL AUTHORITY
SUBSIDENCE
McAreavey and another v Coal Authority. CA 13 July 1999. The claimant's property had suffered structural damage caused by subsidence due to mining damage. The British Coal Corporation offered to carry out remedial works totalling £3,500, however the offer was rejected by the claimants who then sold the property for £40,000, although undamaged it was worth £115,000. The claimants recovered £75,000 from their insurers, who then succeeded to the claimant's rights by subrogation and claimed compensation for the loss of value. The Lands Tribunal rejected the claim, the claimants appealed. Appeal allowed.
MCAREAVEY AND ANOTHER V COAL AUTHORITY
SUBSIDENCE