McAreavy and another v Coal Authority
McAreavy and another v Coal Authority
- 2001
- Rating and Valuation Reporter [2001] 135-143(9) .
CA 19 July 1999. C's predecessors mined coal from under M's house. In June 1990 M gave them a valid notice of damage under the Coal Mining (Subsidence) Act 1957 in respect of their property suffering subsidence as a result. In November 1990 C's predecessors accepted partial responsibility of damage due to the effects of recent mining, but denied that its activities caused further more serious damage. In September 1994 M sold the property to a local builder, by which time the left hand gable end wall was damaged. By selling the property in that condition M suffered a loss of depreciation in value of £75,000. The LT held that the damage to the gable wall was caused by the mining. The LT held that under the Coal Mining Subsidence Act 1957 s13(3)(b) the claimants could not secure an award of damages based upon depreciation in value in lieu of the carrying out of remedial work. M appealed. "Held", Appeal allowed.
SUBSIDENCE
MCAREAVEY AND ANOTHER V COAL AUTHORITY
DEPRECIATION IN VALUE
COAL MINING
STRUCTURAL DAMAGE
LANDS TRIBUNAL
COAL MINING SUBSIDENCE ACT 1957 S13(3)(B)
COAL AUTHORITY
COMPENSATION
CA 19 July 1999. C's predecessors mined coal from under M's house. In June 1990 M gave them a valid notice of damage under the Coal Mining (Subsidence) Act 1957 in respect of their property suffering subsidence as a result. In November 1990 C's predecessors accepted partial responsibility of damage due to the effects of recent mining, but denied that its activities caused further more serious damage. In September 1994 M sold the property to a local builder, by which time the left hand gable end wall was damaged. By selling the property in that condition M suffered a loss of depreciation in value of £75,000. The LT held that the damage to the gable wall was caused by the mining. The LT held that under the Coal Mining Subsidence Act 1957 s13(3)(b) the claimants could not secure an award of damages based upon depreciation in value in lieu of the carrying out of remedial work. M appealed. "Held", Appeal allowed.
SUBSIDENCE
MCAREAVEY AND ANOTHER V COAL AUTHORITY
DEPRECIATION IN VALUE
COAL MINING
STRUCTURAL DAMAGE
LANDS TRIBUNAL
COAL MINING SUBSIDENCE ACT 1957 S13(3)(B)
COAL AUTHORITY
COMPENSATION