Breaching an Englishman's Castle
Trespass is one of the ancient forms of action that arose under the common law of England as early as the thirteenth century. In modern law the word trespass is used most commonly to describe the intentional and wrongful invasion of another's real property. Trespassers are responsible for nearly all the consequences of their unlawful entry, including those that could not have been anticipated or are the result of nothing more than the trespass itself. Further, when additional issues arise out of the trespass, the result can be costly.
Care must be taken in construction of buildings with party walls or up to boundaries with neighbouring property. In the Court of Appeal case of Jones v Ruth (2011) the works undertaken by Ruth took over four years and resulted in a claim by Jones in nuisance, trespass, harassment and personal injury. The claim for trespass related to holes being made in the gable wall with the insertion of purlins, trespass onto the garden by erection of scaffolding and damage to the boundary wall. There were also incidents of rubbish being thrown into the garden and other anti-social behaviour.
The judge allowed the claim for trespass and nuisance and gave Ms Jones leave to appeal on the matter of personal injury caused by harassment. Mr Ruth also cross appealed. Whilst the Court of Appeal did reduce the damages award for trespass from £45,000 to £15,000, it awarded a total of £143,750 additional damages for personal injury and dismissed the cross appeal on the costs award.
It is advisable to reach agreement with neighbours, in relation to building works, including applying for and complying with a Party Wall Award and to ensure the work is done within a reasonable time and with the minimal of disruption to neighbours.
The judge in the first instance summed up Mr Ruth’s attitude to the works:
‘It is a feature of this sad case that Mr Ruth throughout has failed to be open and transparent in relation to the scope and timescale of his building activities …..He took the view that 103 was his house and he could do whatever he liked with it …at anytime that he chose convenient to the operation of his business and his development activities’
This article contains information of general interest about current legal issues. It does not give legal advice and specific advice should always be sought about your particular circumstances. We will be happy to assist.
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