What is Injurious Affection?
Injurious affection sounds like a nasty disease. For those affected by it, at times, it may feel like it! Injurious affection relates to a compulsory purchase situation where an Acquiring Authority only requires part of someone's property ownership. For example, an acquiring authority may need to acquire a portion of the rear garden of a house but not the house itself. The impact of taking part (but not the whole) can adversely affect the value of the part retained. This is known as injurious affection.
The Compulsory Purchase Code allows you to claim compensation for the loss that you have suffered as a direct result of the retained part of your property ownership being worth less as a direct result of the Acquiring Authority acquiring part of your ownership.
There are circumstances where a person who loses part of their property can obligate the Acquiring Authority to take the whole. You will need to serve notice on the Acquiring Authority under the Acquisition of Land Act 1981 or the Compulsory Purchase Act 1965 on the grounds that it has caused a significant level of material detriment. If the Acquiring Authority accepts your counter notice then they will be obligated to acquire the whole of your interest. If they contest your counter notice then the matter is determined by the Upper Tribunal of the Land Chamber.
Whilst injurious affection is a complicated area of law and practice, with proper advice you can resolve the problems caused by only part of your property being taken by a compulsory purchase order. Roger Hannah & Co can provide you with the necessary professional advice to maximise your compensation in these circumstances.
Latest Case studiesAffordable Housing Reduced to Zero » 9th August 2017
In light of our findings, it was agreed with the local authority that the affordable housing requirement was lifted completely, so as to guarantee a viable scheme that would assist in meeting the housing needs of the Borough.What is an EPC? » 7th August 2017
We strongly recommend that you act in good time before the April 2018 deadline, to reduce the risk of a breach of the new statutory requirements and potentially incurring financial penalties.In time for the 25th Anniversary » 4th August 2017
Defects Survey and Schedule of Works on a 19th Century café bar building located within the Northern Quarter district of Manchester City Centre.
Latest NewsCompulsory Purchase Roadshow Workshop » 18th August 2017
Roger Hannah & Co have taken to the road with TLT Solicitors and Barton Wilmore to deliver a series of interactive workshops for Local Authorities focusing on the use of compulsory purchase powers.Auction House offers record lots in 2017 » 15th August 2017
The UK’s number one property auctioneer Auction House, which has a Commercial branch - Auction House North West - in the heart of Manchester, has offered more lots so far this year than any other year up to August in the group’s ten-year history.4 MONTHS INTO CHECK, CHALLENGE, APPEAL SYSTEM » 11th August 2017
Roger Hannah and Co submit first wave of 2017 business rates “Checks” despite the furore!
Meet Our Team
The CPO Process
Objecting to a CPO
Residential Property and CPO
CPO and Business
Frequently Asked Questions Latest News Recent Case Studies