Cases - Selby v Whitbread

Record details

Name

Selby v Whitbread

Date

[1917]

Citation

1 KB 736

Legislation

London Building Act

Keywords

London Building Act - Party wall - not escape liability by conveying away the property

Summary

The building owner, Whitbread, had negotiated with the local authority that in redeveloping its property, its new building would be built further back than the old building, in order that a strip of land could be conveyed to London County Council for the widening of the footpath. An award had been agreed that required the building owner to provide all necessary temporary or permanent support to Selby's property.

The court held that Whitbread could not divest itself of any liability by transferring part of its land to the council, and therefore retained responsibility for support under the award. The court awarded damages.

It is not clear why it did not require specific performance in the form of permanent propping to the 13-ft wide strip of now exposed party wall. It is clear, however, that a building owner remains liable to an adjoining owner following a transfer of his or her land and that a purchaser will not become liable for their obligations.

Another feature of this case was the court's determination that the:

'primary function of the arbitrators [sic] is to safeguard the interests of the adjoining owner; although they must, of course, consider the rights and interests of the building owner and follow the provisions of the Act'.