Cases - Carlish v Salt

Record details

Name

Carlish v Salt

Date

(1906)

Citation

1 Ch. 335

Legislation

Party Wall etc. Act 1996

Keywords

Party walls

Summary

A party wall notice was served on the defendant, as adjoining owner, under the 1894 Act and an award made. The award allowed the building owner to carry out certain works, but directed that the adjoining owner should share the cost of the works when they were completed. The defendant (the adjoining owner) entered into a contract of sale with the plaintiff, who paid a deposit. The defendant did not inform the plaintiff about the party wall award. The plaintiff claimed return of his deposit. It was held that the existence of the party wall notice and award should have been disclosed to the intending purchaser, as it was a fact that materially affected the price to be paid, in so far as the notice and award imposed a liability of uncertain amount on the owner of the premises.

There have been no decisions on the question of whether an adjoining owner would be obliged effectively to put up with works carried out pursuant to a notice or an award served on the previous owner.