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.
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