000 01656cam a2200265 4500
001 ABS64303
008 010803n2001 000 0 eng u
035 _a(Sirsi) u113924
245 _aMcAreavy and another v Coal Authority
260 _c2001
490 _aRating and Valuation Reporter
_v[2001] 135-143(9)
520 _aCA 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.
590 _aABS
650 _aSUBSIDENCE
650 _aMCAREAVEY AND ANOTHER V COAL AUTHORITY
650 _aDEPRECIATION IN VALUE
650 _aCOAL MINING
650 _aSTRUCTURAL DAMAGE
650 _aLANDS TRIBUNAL
650 _aCOAL MINING SUBSIDENCE ACT 1957 S13(3)(B)
650 _aCOAL AUTHORITY
650 _aCOMPENSATION
690 _aPROPERTY AND LAND LAW-CASE LAW
942 _n0
999 _c67883
_d67883