Arbitral Award on a Trespass Action for Weakening a Party Wall (India) by OLL
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Arbitral award on reference of action for trespass for cutting away and weakening party-wall
THIS IS THE ARBITRAL AWARD of me ____________________ [insert name, address etc. of arbitrator] made the ________ day of _____.
WHEREAS:
An action was commenced in the ________ of the ____________ Court wherein [plaintiff] was plaintiff and [defendants] were defendants claiming damages for trespass.
The plaintiff by his statement of claim alleged in the first paragraph that the plaintiff was possessed of a house and premises situate in ___________ Street in ___________ and that the defendants were possessed of a house and premises adjoining the plaintiff’s house one side of the defendants’ said house being erected and built from the first floor upwards upon the wall of the plaintiff’s house and that the defendants had wrongfully cut away a portion of the said wall of the plaintiff’s said house and thereby weakened the said wall and injured the plaintiff in the possession of his said house and premises. And in the second paragraph the plaintiff alleged in the alternative that if the said wall was a party-wall dividing the houses of the plaintiff and the defendants, the defendants had by cutting away a portion of the said wall as in the first paragraph mentioned, weakened the said wall and deprived the plaintiff of the support he was entitled to have and had before the defendants committed the acts complained of.
The defendants by their defence denied the several allegations of the statement of claim except that the plaintiff and defendants were respectively possessed of adjoining houses and premises in __________ Street aforesaid and alleged that the said wall was the property of the defendants.
The said action coming on for trial at the __________ by an order dated the _________ day of ______ and made by the Honourable Mr. Justice ___________ ordered by consent of the parties that the said action should be referred to the award of me the said [arbitrator] and that I should make and publish my award in writing of and concerning the matters referred ready to be delivered to the said parties in difference on or before the ____________ day of __________ then and now next ensuing. And it was further ordered that the costs of the action should abide the event and that the costs of the reference and award should be in the discretion of me the said arbitrator.
NOW BE IT KNOWN that I the said [arbitrator] hereby make and publish this my award of and concerning the matters so referred to me as aforesaid:
This is a preview. The full template is free on GitLaw.
This template provides a formal structure for an arbitrator to issue a final award in a dispute involving property trespass and damage to a shared party-wall. It outlines the findings regarding property ownership, the assessment of damages for weakening the structure, and the allocation of legal costs between the parties.
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About this template
What is this template?
This is a formal arbitral award issued following a court-ordered reference of a civil dispute. It is not a settlement agreement or a simple party wall notice; it is a final adjudication of facts regarding wall ownership and damages. It contains specific language for finding a 'cross easement' and a longitudinal division of property rights in the wall structure.
When should you use it?
Use this template when a judge has stayed court proceedings and referred a trespass claim involving structural damage to a party wall to arbitration. The nearest alternative is a Settlement Agreement, used if parties agree terms themselves without an arbitrator's final finding.
What's inside
| Clause | Name | What it does |
|---|---|---|
| WHEREAS | Recitals of the Action | Narrates the commencement of the trespass action in court and the specific allegations regarding the weakening of the wall at Street. |
| WHEREAS | Order of Reference | Cites the court order by the Honorable Mr. Justice referring the action to the named arbitrator for a written award. |
| NOW BE IT KNOWN | Findings on Ownership | Determines that the wall is divided longitudinally into two portions with each party possessing a cross easement. |
| NOW BE IT KNOWN | Award of Damages | Directs the defendants to pay a specific sum in Rupees to the plaintiff for the cause of action. |
| LASTLY | Costs and Expenses | Orders the defendants to pay the plaintiff's costs incidental to the reference and settles the award fee in Rupees. |
Who it's for
- an arbitrator appointed by an Indian court to resolve a party wall dispute
- parties in an action for trespass involving the weakening of a shared structural wall
How long it runs and how it's signed
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