Clarke v London Borough of Newham [2008] EWLands ACQ_304_2008 (25 September 2008)

Clarke v London Borough of Newham [2008] EWLands ACQ_304_2008 (25 September 2008)

The compensation for compulsory acquisition of the freehold interest in the subject property is determined by reference to comparable sales, adjusted for the property's disrepair and refurbishment costs, and a small profit element, resulting in a value of £185,000. The acquiring authority demonstrated sufficient diligence in attempting to trace the owner, justifying payment into court under Schedule 2 of the Compulsory Purchase Act 1965.

Citation
[2008] EWLands ACQ_304_2008
Parties
Claimant: Graham Alan Clarke; Acquiring Authority: London Borough of Newham
Jurisdiction
England and Wales
Judgment Date
25 September 2008
Procedural Posture
Compensation Determination (compulsory Purchase) / Final Judgment
Outcome
compensation determined and payable into court
Legal Topics
Compensation for Compulsory Acquisition, Valuation of Abandoned Property, Housing Act 1985 Section 17, Land Compensation Act 1961 Part 1
Property Law Compulsory Purchase Land Valuation Compensation for Compulsory Acquisition Valuation of Abandoned Property Housing Act 1985 Section 17 Land Compensation Act 1961 Part 1

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Parties

Graham Alan Clarke

Claimant

London Borough of Newham

Acquiring Authority

Procedural Posture

Compensation Determination (compulsory Purchase) / Final Judgment

Legal Issues

  1. 1 What is the appropriate amount of compensation for compulsory acquisition of an abandoned residential property with untraceable owner?
  2. 2 Has the acquiring authority taken all reasonable steps to trace the owner?

Ratio Decidendi

The compensation for compulsory acquisition of the freehold interest in the subject property is determined by reference to comparable sales, adjusted for the property's disrepair and refurbishment costs, and a small profit element, resulting in a value of £185,000. The acquiring authority demonstrated sufficient diligence in attempting to trace the owner, justifying payment into court under Schedule 2 of the Compulsory Purchase Act 1965.

Court Disposition

compensation determined and payable into court

Orders

  • Compensation for freehold interest set at £185,000.
  • Claimant's costs of legal transfer, if any, to be paid in addition.