Cases - Marchant v Capital & Counties plc
Record details
- Name
- Marchant v Capital & Counties plc
- Date
- (1983)
- Citation
- 2 EGLR 156
- Legislation
- Keywords
- Party walls
- Summary
-
The plaintiff owned a house which had been built on to the back of a large warehouse owned by the defendant. The defendant decided to demolish the warehouse. This would have the effect of leaving the previously internal wall of the plaintiff's property unsupported and exposed to the weather. The three surveyors therefore made an award which provided for support and that the defendant should maintain the exposed face of the wall in a weather proof condition. The works were carried out. Some years later damp appeared inside the plaintiff's house having penetrated through the party wall. The plaintiff commenced proceedings against the defendant. The Court of Appeal rejected the argument that it was outside the surveyors' jurisdiction to impose a continuing obligation on the defendant. They held that the surveyors' award imposed a continuing obligation on the defendant to maintain the wall in a weather proof condition. They did, however, caution that it may in practice be undesirable for surveyors to impose continuing obligations by an award rather than providing for the carrying out of works which will have a long term result.