Q&As

Where there is a party wall between two pieces of land, and the land on one side is putting pressure on the wall causing it to crack, who is responsible for the repair costs? Would this be different if it wasn't a party wall?

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Produced in partnership with Lawrence McDonald of Exchange Chambers
Published on LexisPSL on 26/11/2018

The following Property Disputes Q&A produced in partnership with Lawrence McDonald of Exchange Chambers provides comprehensive and up to date legal information covering:

  • Where there is a party wall between two pieces of land, and the land on one side is putting pressure on the wall causing it to crack, who is responsible for the repair costs? Would this be different if it wasn't a party wall?

Where there is a party wall between two pieces of land, and the land on one side is putting pressure on the wall causing it to crack, who is responsible for the repair costs? Would this be different if it wasn't a party wall?

It will depend on the reason why the wall is being damaged. If the adjoining owner has done works to their land, and this results in pressure building up, then this may constitute a claim in nuisance, for which a claim in damages may be possible (see eg Brace v South East Regional Housing Association Limited, where demolition of a house caused shrinkage to the clay underlying the foundations of the adjoining owner’s house). For further

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