The WLR Daily case summaries
[2022] WLR(D) 102
Chancery Division
Prime London Holdings 11 Ltd v Thurloe Lodge Ltd
[2022] EWHC 303 (Ch)
2022 Jan 14, 17, 18, 19; Feb 14
Nicholas Thompsell sitting as a deputy High Court judge
Land— Works to— Access order— Claimant undertaking residential development of property previously used as dwelling— Wall to property sustaining damage possibly caused by development— Repair requiring access to adjacent property— Claimant seeking order under court’s power to grant access to neighbouring land to carry out work reasonably necessary for preservation of land— Whether works required to remedy damage caused by owner’s own actions constituting “basic preservation works”— Whether aesthetic non-urgent works “reasonably necessary”— Whether effect of access on defendant’s use and enjoyment of land making order sought unreasonable— Factors to be taken into account— Whether court prevented from ordering payment of consideration for privilege of entering defendant’s land because proposed works relating to “residential land”—
Access to Neighbouring Land Act 1992 (c 23), ss 1(2)(a),(3)(4), 2(5)(7)