- Project plans
- Project activities
- Legislation and standards
- Industry context
Last edited 20 Jan 2021
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.
 Related articles on Designing Buildings Wiki
Featured articles and news
Improving facilities, accessibility and overall appearance.
Free download of TG 12/2021 available.
TESP works with The Youth Group to form skill sharing network.
Big tech collaborates on platform for the built environment.
Letter signed by 21 organisations sent to MHCLG.
A look at the Government's strategic approach.
Steps to help reduce the spread of infection inside buildings.
This social media-centred hobby can be both dangerous and illegal.
Millwork wall treatment with a long and illustrious history.
HSE introduces cumulative exposure calculator.
The Edwardians and their houses.
Cut off from civilian life for over 900 years.
Gaining green support from the carbon giants.
Click the button to subscribe.