Rees v Skerrett and another
Rees v Skerrett and another
- 2001
- Estates Gazette [2001] 40 EG, 163-170(8) .
CA 23 May 2001. A owned a terraced house. B owned the adjoining house which was subsequently demolished. The whole of the common wall was left in place. C became the owner of the site. A was told remedial work was needed to stabilise the wall and prevent damp penetration. A thus sought damages from B and C for structural work and damp proofing. CC Judge concluded there was an easement of support in respect of downward pressure exerted by the weight of the roof, but this did not include support to withstand the effect of the wind. B was also not found liable for damage due to damp penetration. A appealed. Held that wind support should be regarded as an aspect of support that one or two adjoining buildings provides to the other. B did owe a duty of care to take reasonable steps to provide weather-proofing for the dividing wall once it was exposed to the elements. Appeal allowed. Full copy of judgement available on http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/4DBCDEAC55FF942180256A560056CE89?OpenDocument
REES V SKERRETT
EASEMENTS
EASEMENT OF SUPPORT
WIND
DAMP
WEATHERPROOFING
Party walls
TERRACED HOUSING
DEMOLITION
RIGHT OF SUPPORT
NUISANCE
NEGLIGENCE
CA 23 May 2001. A owned a terraced house. B owned the adjoining house which was subsequently demolished. The whole of the common wall was left in place. C became the owner of the site. A was told remedial work was needed to stabilise the wall and prevent damp penetration. A thus sought damages from B and C for structural work and damp proofing. CC Judge concluded there was an easement of support in respect of downward pressure exerted by the weight of the roof, but this did not include support to withstand the effect of the wind. B was also not found liable for damage due to damp penetration. A appealed. Held that wind support should be regarded as an aspect of support that one or two adjoining buildings provides to the other. B did owe a duty of care to take reasonable steps to provide weather-proofing for the dividing wall once it was exposed to the elements. Appeal allowed. Full copy of judgement available on http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/4DBCDEAC55FF942180256A560056CE89?OpenDocument
REES V SKERRETT
EASEMENTS
EASEMENT OF SUPPORT
WIND
DAMP
WEATHERPROOFING
Party walls
TERRACED HOUSING
DEMOLITION
RIGHT OF SUPPORT
NUISANCE
NEGLIGENCE