Case news R Owers and N Owers v K Bailey

Gordon, Warren

Case news R Owers and N Owers v K Bailey - 2006 - Property Week 71(45) 10 November 2006, 72(1) .

Reports on "Owers and another v Bailey" (ChD, unreported) which considered the award of damages for unneighbourly conduct. The parties were in dispute over the right to use a track between their premises. The Owers (O) had a statutory right to the track, but Bailey (B) also claimed a right to it after O had agreed to let B temporarily use the track to move into his house. B continued to use the track and had various encounters with O, culminating in B constructing gates on part of the track to impede access to O's property. It was found that B had shown unneighbourly conduct in trying to secure access over O's land, which he knew he wasn't entitled to. An injunction was granted to stop B interfering with the track and O were awarded damages of £6 500.


OWERS AND ANOTHER V BAILEY


England and Wales--1543-