Arena Property Services Ltd. v Europa 2000 Ltd.

The appellant failed to establish the existence of an easement for the soil pipe; without proof of the easement, no right to compensation arises under section 7(2) of the Party Walls Etc Act 1996.

Parties: Claimant/appellant: Arena Property Services Limited; Defendant/respondent: Europa 2000 Limited
Jurisdiction: England and Wales
Judgment Date: 24 November 2003
Procedural Posture: Civil Appeal / Appeal From Central London County Court
Outcome: Appeal dismissed
Legal Topics: Party Wall Act, Easements, Compensation, Jurisdiction of Surveyors

Property Law Civil Procedure Party Wall Act Easements Compensation Jurisdiction of Surveyors

Case Brief

Summary, issues, holding and outcome

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Parties

Arena Property Services Limited

Claimant/appellant

Europa 2000 Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Central London County Court

Legal Issues

1 Whether an easement existed for the soil pipe over 96 Farringdon Road
2 Whether the award by surveyors extinguished the easement
3 Whether compensation under section 7(2) of the Party Walls Etc Act 1996 was payable

Ratio Decidendi

The appellant failed to establish the existence of an easement for the soil pipe; without proof of the easement, no right to compensation arises under section 7(2) of the Party Walls Etc Act 1996.

Court Disposition

Appeal dismissed

Orders

Appellants to pay the respondent's costs assessed in the sum of £5,600 within 28 days