- Project plans
- Project activities
- Legislation and standards
- Industry context
Last edited 30 Aug 2017
Resorting to self-help in boundary dispute
Boundary and rights of way disputes can become extremely heated – but a recent Court of Appeal case clearly illustrated why those involved should never delay seeing a solicitor and should always refrain from taking the law into their own hands.
After selling on the estate, they retained ownership of a long driveway that provided the only means of access to the houses. The owner of one of them had built a wall around her property and installed a new gated entrance.
Convinced that she had trespassed on their property, the landowners resorted to self-help and deposited two large yellow plastic bins full of concrete so as to block the only vehicular access to her home. They moved the bins after the woman took legal action but they remained in a position that caused access difficulties.
In dismissing the landowners’ trespass claim, a judge subsequently found that they owned only the metalled surface of the drive, not its verges. He also ruled that the woman had a right to access her home through the new entrance and ordered the landowners to pay 95% of her very substantial legal costs.
The facts of the case emerged as the Court rejected the landowners’ appeal against those decisions, finding that they were correct in law.
The Court accepted that the judge had intervened more than he should have done during the trial, but found that the landowners had nevertheless received a fair hearing.
 Find out more
 Related articles on Designing Buildings Wiki
Featured articles and news
RSHP's Terminal 5 named one of world's top airports in 2019.
Do we need a new land classification to spur development?
An architectural technologist in Germany.
3 World Trade Center designed by RSH+P
The struggle to achieve net-zero emissions by 2050.
What is 'agent of change' and who does it protect?
A consistent and measurable approach to home adaptation.
Acknowledging and challenging the realms and interpretations of heritage.
Embodied carbon in construction steel.
A prototype for assessing circularity in buildings.
New Wiki site is set to make BIM mainstream.
FMEA is a step-by-step approach for collecting knowledge about possible points of failure.
The various types and everything else.