Chivers v NI Water
| Jurisdiction | Northern Ireland |
| Judge | Coghlin LJ,Mr Spence |
| Neutral Citation | R/43/2011 |
| Court | Lands Tribunal (Northern Ireland) |
| Date | 12 May 2015 |
LANDS TRIBUNAL FOR NORTHERN IRELAND
WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973
THE MINERAL DEVELOPMENT ACT (NORTHERN IRELAND) 1969
LAND COMPENSATION (NORTHERN IRELAND) ORDER 1982
IN THE MATTER OF A REFERENCE
R/43/2011
Between
LIAM CHIVERS AND BRENDA CHIVERS
Claimants
and
NORTHERN IRELAND WATER LIMITED
Respondent
RE: LANDS AT DRUMSURN ROAD, LIMAVADY
LANDS TRIBUNAL – THE RIGHT HONOURABLE LORD JUSTICE COGHLIN
AND HENRY M SPENCE MRICS Dip.Rating IRRV (Hons)
________
Introduction
[1] The claimants seek compensation in accordance with Article 55 of the Water
and Sewerage Services (Northern Ireland) Order 1973 (“the 1973 Order”), Article
8(1)-(3) and/or Article 18 of the Land Compensation (Northern Ireland) Order 1982
(“the 1982 Order”) for depreciation alleged to have occurred in the value of their
land as a consequence of Northern Ireland Water Limited (“the respondent”),
successor to the Water Service, laying a foul sewer pipe on their land. The claimants
allege that, as a result of the laying of the foul sewer pipe, some .657 acres of their
land with development potential has become ‘sterilised’ with the consequential loss
of at least 6 building sites.
[2] Following an exchange of correspondence in August 2013 it was agreed that
the following matters should be referred to the Tribunal as Preliminary Issues:
(i) Did the respondent execute works at the claimant’s lands at any material
time?
(a) within the provisions of Article 55 of the 1973 Order; and/or
(b) within Article 18 of the 1982 Order?
(ii) If so, what were those “works” and
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