Cases - Barry v Minturn

Record details

Name

Barry v Minturn

Date

[1913]

Citation

AC 584 6

Legislation

London Building Acts 1894 Act

Keywords

Party walls - London Building Acts 1894 Act

Summary

This case considered whether dampness was a defect for the purpose of a similar provision under the London Building Acts 1894 Act. A wall divided 2 gardens. On the building owner's side, it was used as the retaining wall of an extension to her house. On the adjoining owner's side, it was used as a garden wall. The building owner wanted to carry out works from the adjoining owner's side to rectify the dampness and sought a party wall award to this effect. The surveyors decided that the wall was not so defective or out of repair as to require work under an award. The House of Lords considered that dampness was not a defect unless its existence rendered the wall less effective for its intended use. Dampness in a garden wall would therefore be immaterial. However, the wall was defective in so far as it allowed water into the building owner's house. The building owner was therefore entitled to carry out work from her side of the wall to prevent damp ingress, but not from the other side.