People often ask whether an estate will ‘go to Probate’, although many are unclear exactly what this means. A Grant of Probate (or Letters of Administration if there is no Will) authorises the Executor to administer the estate by collecting in...
If noise arising from major infrastructure projects disturbs your peace and diminishes the value of your home, you have a legal right to fair compensation. In a case on point, a householder living a mile away from an extended airport runway was awarded £75,000 by the Upper Tribunal (UT).
The householder asserted that, since the extension came into use, jets overflying his home had become lower, closer and noisier. His sleep was disturbed and noise had become an abiding feature of his and his family's lives. Normal conversation in the house had to be paused as aircraft passed over and, with windows and doors left open during the summer months, the noise was verging on painful.
He launched proceedings against the airport's operator under the Land Compensation Act 1973, asserting that use of the extension had reduced the value of his home. The operator, however, contended that there had been no such diminution and that the claim should be dismissed.
Ruling in the householder's favour, the UT found on the evidence that he and his family had experienced significantly increased noise levels arising from the extension's use. His compensation was assessed on the basis that the capital value of his home had been reduced by 13.5 per cent, from £560,000 to £485,000.