Cases - Rees v Skerrett
Record details
- Name
- Rees v Skerrett
- Date
- (2001)
- Citation
- 1 WLR 1541
- Legislation
- Keywords
- Easements - London building Act 1939
- Summary
-
The plaintiffs and defendant owned adjoining terraced houses separated by a party wall. The defendant was served with notices by the local authority which required him to demolish his building and to shore up and weather proof the adjoining building. The defendant carried out the demolition works but failed to provide adequate shoring or protection for the exposed wall. The Court of Appeal decided that, although there was no easement of protection against the weather, the defendant, who had been required to weatherproof by the local authority, owed the plaintiffs a duty of care to prevent or minimise the risk of damage to the plaintiff's exposed wall. The plaintiffs were therefore entitled to damages for damage by the weather.
In addition, the 1939 Act did not provide that a party who demolished his property, leaving the adjoining owner's half of the party wall exposed, was required to weather proof the exposed wall. However, section 2(2)(n) of the 1996 Act now requires a building owner who exposes a party structure, to provide adequate weathering. An adjoining owner now has a remedy against a building owner who fails to do so, without the need to rely on the rather uncertain state of the common law in relation to weather proofing.