Construction Law Society

Event Philip Britton, Trouble with the Neighbours
Venue Kensington Swan 18 Viaduct Harbour Ave Auckland
Date 19 October 2017
Time 5:30pm for 6:00pm followed by optional dinner

‘Trouble with the Neighbours’: Construction, Disruption and Damages

Philip Britton LLB BCL

Neighbours who assert rights derived from a mixture of land law and the law of tort have the potential to delay or completely compromise a nearby construction project. Understanding how the law balances ‘the right to build’ against the rights of neighbours should be part of project management and risk allocation; but it’s often neglected until an unhappy neighbour threatens (even worse, actually launches) action in a civil court for damages or – the nightmare scenario – an injunction to stop construction.

This talk will explain the legal background to such claims, with a special focus on how the law may protect a tenant, unhappy with the negative impact of a construction project undertaken by his/her landlord. The common law of England & Wales and recent case law from London are the starting-point, but the talk will include Australasian versions of these principles (some in statutory form).

Hosted by:    The NZ Society of Construction Law

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