Overview
Roadrunner Properties Ltd v Dean is an important warning for building owners who ignore the Party Wall Act.
If you fail to follow the Act, the court may be less sympathetic when evidence becomes unclear.
What happened
The building owner cut into a party wall using a kango hammer without first serving the required notice. Damage was alleged, but the evidence was not conclusive.
The decision
The Court of Appeal treated the lack of clear evidence as a problem created by the building owner's failure to comply with the Act. The claimant's evidence was considered sufficient in the circumstances.
Why it matters
A schedule of condition and proper party wall procedure create evidence. If a building owner chooses not to follow that process, they may lose the benefit of evidential certainty later.
That can be costly.
Practical lesson
Before carrying out notifiable works: - serve valid notices; - allow the statutory process to operate; - record condition properly; - avoid starting work first and explaining later.