The respondent commenced excavation and piling works on a property neighbouring the appellants’ property and served a party wall notice after the works had commenced. Cracks appeared in the appellants’ property, which the appellants alleged were caused by the works being carried out by the respondent.
The issues were whether the damage caused to the appellants’ property was caused by the works carried out by the respondents and whether the costs of the dispute resolution procedure provided for by the Party Wall etc Act 1996 were recoverable.
The court held that the damage to the appellants’ property was in fact caused by the works being carried out at the respondents’ property and accordingly the appellants were entitled to damages for the resulting damage and loss of rental income. In addition the respondents were required to pay the appellants reasonable costs incurred in relation to the appellants’ participation in the dispute resolution provided for be the Party Wall etc Act 1996.
*Full case details
Young & Anr vs Bemstone Ltd (t/a Bemstone Homes) 7 April 2004, Queens Bench Division, TCC, Wilcox J.
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The case was interesting in that it clarified that costs incurred in relation to participation in the dispute resolution procedure provided for by the act are recoverable, thereby exposing those undertaking works that may have an affect on neighbouring properties to greater risk.