Rees v Skerrett and another
Series: Estates Gazette ; [2001] 40 EG, 163-170(8)Publication details: 2001Subject(s): Online resources: Summary: 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| Item type | Current library | Copy number | Status | Barcode | |
|---|---|---|---|---|---|
| Law report | London Journal article | 1 | Available | 115034-1001 |
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