Overview
Arena Property Services Ltd v Europa 2000 Ltd is a useful reminder that not every neighbour dispute is properly solved by the Party Wall Act.
Some disputes are really about easements, rights of way, service pipes or long use.
What happened
The works affected or removed service elements including a boiler flue and soil vent pipe associated with neighbouring premises. The dispute turned on whether there was an easement, such as a right relating to flow through a pipe.
The outcome
The court found insufficient evidence of the alleged easement, including insufficient evidence of the relevant flow. The appeal failed.
Why it matters
If you rely on an easement, you need evidence. That may include long use, use as of right, documents, plans and factual proof of how the service has operated.
A party wall award is not a substitute for proving an easement.
The Party Wall Act point
The Party Wall Act may be relevant to certain building works, but it does not determine every property right. If the real issue is whether a pipe, flue, drain or service has legal protection, the answer may lie outside the Act.