DEMOLITION, EASEMENTS OF SUPPORT AND NEGLIGENCE

Rees v Skerrett (unreported, Court of Appeal, 23 May 2001)

In Rees v Skerrett, unreported, Court of Appeal, 23 May 2001, the Court of Appeal appears to have extended the scope of the duties owed to an adjoining owner by a homeowner who demolishes his house. First it was held that the easement or right of support extends not only to the downward pressure exerted by the weight of the roof and structure of a building but also extends to support given against the effect, on an inadequately supported side wall, of the wind blowing along the front of the house or along the wall itself in either direction. Further, it was held that a party who demolishes his house may be required by the law of negligence or the law of nuisance to provide substitute protection to an adjoining owner to the extent that this can be done by works which, in all the circumstances, it is reasonable to expect him to undertake.