Cases - Mason v Fulham Corporation

Record details

Name
Mason v Fulham Corporation
Date
(1910)
Citation
1 KB 631
Legislation
Keywords
Party walls
Summary

The plaintiff wished to raise a party wall and served notice to that effect under the 1894 Act. He entered into an agreement with the defendant that, if and when the defendant subsequently wished to use the wall, the defendant would pay half of the expenses. This agreement was made to deal with the section of the 1894 Act equivalent to section 11(11). By the time that the defendant wished to use the party wall, the plaintiff had sold his interest in the property. He nonetheless tried to claim half of his expenses from the defendant. The court decided that he was not entitled to any contribution as the person entitled to the contribution under the Act was the person who was the building owner at the time when the money had to be paid, i.e. the plaintiff's successor in title.