Cases - Re Stone and Hastie

Record details

Name

Re Stone and Hastie

Date

(1903)

Citation

2 KB 463

Legislation

Party Wall etc. Act 1996

Keywords

Party walls

Summary

A party wall had been raised by the freehold owners of Mr Hastie's property some years before he became a tenant of the property. Subsequently, the owner of the adjacent property, Mr Stone, wished to carry out works on the party wall. Mr Hastie did not consent to these works and the surveyors made an award. That award, however, included a determination that Mr Stone should pay money to Mr Hastie to represent a proportion of the original costs of the works as he was now making use of the party wall (under a provision similar to section 11(11)) of the 1996 Act.

Mr Hastie had not incurred the original costs as these had been incurred by the freehold owners. It was held by the Court of Appeal that the surveyors had no jurisdiction to decide anything beyond the dispute submitted to them (which related to Mr Stone's new works to the wall). In addition, the surveyors had no jurisdiction to award a proportion of the costs of the original works to Mr Hastie, a subsequent tenant, who was not the party who had originally incurred the expenses. This part of the award was therefore invalid.