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.
The case of Shaw v Grouby & Anr [2017] concerned two landowners who had owned a country estate on which they had obtained planning permission to build three new houses.
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.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Not buildings. Happy holiday from DB.
Future Homes Standard: Industry calls for more ambition
As the Government FHS consultation finally closes.
Improving government projects with data and AI
Enabling better outcomes, efficient modern delivery and influential leadership on government projects.
BSRIA Living Laboratory Innovation Challenge
Final days for submission, closing March 29.
Windows, their frames, forms, factors and functions.
The hidden subtleties of U-Value calculations
Different contexts and what to include as variables.
A brief run down with related articles.
Electrical sector calls for safer public EV charge points
Serious concerns about electrical safety in the public domain.
Building Blocks manifesto presented to parliament
Architects Declare call in for support of five critical policies.
The four elements of project management with APM
Analysis, expectations, collaborative communication and partnerships.
City of London launches Heritage Building Retrofit Toolkit
Empowering owners to initiate necessary adaptations.
Guidance on RAAC in listed buildings
Published by Purcell, endorsed by IHBC, SPAB and C20.
Learning from the past.
Reluctance to hire people with criminal convictions revealed
Employing People with Criminal Convictions Report.
Tackling unconscious bias; Women's History Month
Personal reflections, as the last week of March approaches.