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
The continued ISG fall out, where to go?
Support for ISG contractors, companies and employees.
New HES national centre for traditional building retrofit
Announced as HES publishes survey results which reveal strong support for retrofit.
Retrofit of Buildings, a CIOB Technical Publication
Expected to become one of the largest activities in the global construction industry.
The ECA industry focus video channel
Keeping update with the industry session by session.
Over 25 recorded informations sessions freely available.
AT Awards 2024 ceremony East London October 25th.
Revisiting the AT community at the 2023 awards evening.
The Community Housing Fund and built affordable homes
CLTN reviews the impact of the Fund and calls for extension.
The grading system of the Regulator for Social Housing
A background, an explanation and ten recent enforcements.
Construction, repair and maintenance. Book review.
Putting new life into a city with a 1900 year history.
BSRIA Briefing 2024: Sustainable Futures speakers
Redefining Retrofit for Net Zero Living 22 Nov.
Wall of support for post-Grenfell regulation of electricians
Call for a shake-up of the construction industry highlighted on radio.
Digital sustainability through future AEC tools
Bringing together industry and academia to meet challenges.
Skills gap for net zero highlighted to Minister for Industry
ECA convenes roundtable discussion at Portcullis House.
Evidencing Net Zero with the new UK buildings standard
Pilot version with detailed excel proforma out now!
Scottish Building Safety Levy, in consultation
From direct remediation and the RPDT, to the costs and alternatives.
Waves of warmer homes grants for the rental sector
Boosting energy efficiency standards for all rented homes.
A refocus of the National Planning Policy Framework
Key terms described in brief, as the consultation closes the evening of the 24th.
Fortified farmhouses of the unruly 16th-and 17th-century borders.