000 01773cam a2200277 4500
001 ABS68181
008 041001n2004 000 0 eng u
035 _a(Sirsi) u127594
245 _aArena Property Services Ltd v Europa 2000 Ltd
260 _c2004
520 _a[2003] EWCA Civ 1943, 24 November 2003. Appeal by defendant (E) from HC decision dismissing its counterclaim against the claimant (A) in proceedings concerning construction work. A (who occupied number 96) extended its property, removed a soil pipe which came from E's property (number 98) passing through the party wall between the two properties. E was not the freeholder at the time of the proposed construction and its predecessor did not consent to the proposed works to the party wall. A surveyor was appointed under the Party Wall Etc Act 1996. A commenced proceedings alleging nuisance whilst E counter-claimed claiming trespass seeking damages under s2(5) and (7) of the 1996 Act. E's counter-claim was dismissed on the grounds that E had failed to prove that an easement existed. CA upheld HC decisions. Appeal dismissed. View at www.bailii.org.
590 _aABS
590 _aABS
590 _aABS
650 _aARENA PROPERTY SERVICES LTD V EUROPA
650 _aPARTY WALL ACT 1996
650 _aEASEMENTS
650 _aSOIL PIPES
650 _aParty walls
_96258
650 _aCOMPENSATION
690 _aBOUNDARIES, PARTY WALLS AND EASEMENTS-CASE LAW
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2003/1943.html
_zView on the BAILII website...
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2003/1943.html
_zView on the BAILII website...
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2003/1943.html
_zView on the BAILII website...
942 _n0
999 _c118100
_d118100