Udal v Dutton [electronic resource]
Udal v Dutton [electronic resource]
- 2008
[2007] EWHC 2862 (TCC), 30 November 2007. Considers the liability of a property owner who has demolished a section of a party wall without permission of the other property owner to remedy the situation and secure the boundary. The applicant householders (U) applied for an interim injunction preventing the respondent developers (D) from further developing a party fence wall. D had applied for permission to use the wall between gardens as part of extension work, to which U had objected. Surveyors confirmed its status as a party fence wall. There was no concern expressed about the condition of the wall. D subsequently argued by handwritten note that the wall was unsafe, and the following day demolished part of the wall. "Held": There had been no suggestion that the wall was unsafe. D was guilty of trespass and wrongful interference with property. U sought an injunction to prevent further interference, and to take appropriate steps to secure the boundary, which was a more appropriate measure than a damages award since U was concerned merely that interference with their property be avoided. Application granted.
UDAL V DUTTON
England and Wales--1543-
[2007] EWHC 2862 (TCC), 30 November 2007. Considers the liability of a property owner who has demolished a section of a party wall without permission of the other property owner to remedy the situation and secure the boundary. The applicant householders (U) applied for an interim injunction preventing the respondent developers (D) from further developing a party fence wall. D had applied for permission to use the wall between gardens as part of extension work, to which U had objected. Surveyors confirmed its status as a party fence wall. There was no concern expressed about the condition of the wall. D subsequently argued by handwritten note that the wall was unsafe, and the following day demolished part of the wall. "Held": There had been no suggestion that the wall was unsafe. D was guilty of trespass and wrongful interference with property. U sought an injunction to prevent further interference, and to take appropriate steps to secure the boundary, which was a more appropriate measure than a damages award since U was concerned merely that interference with their property be avoided. Application granted.
UDAL V DUTTON
England and Wales--1543-