Riddle of the road
Gordon, Warren
Riddle of the road - 2008 - Property Week 73(39) 26 September 2008, 94(1) .
Summarises the case of Field Common Ltd v Elmbridge Borough Council [2008] EWHC 2079 (Ch), 27 August 2008 (see L145564). Constructing a road over another's land without permission may lead to the developer being liable for those who unlawfully use the road. The case concerned a case of trespass by a local council who tarmacked land without consent when widening a road, and how the damages for the trespass should be assessed. It was held that the council had encouraged nearby tenants of an industrial estate to trespass and the damages should reflect the extra rent the freeholder could have charged.
FIELD COMMON LTD V ELMBRIDGE BOROUGH COUNCIL
England and Wales--1543-
Riddle of the road - 2008 - Property Week 73(39) 26 September 2008, 94(1) .
Summarises the case of Field Common Ltd v Elmbridge Borough Council [2008] EWHC 2079 (Ch), 27 August 2008 (see L145564). Constructing a road over another's land without permission may lead to the developer being liable for those who unlawfully use the road. The case concerned a case of trespass by a local council who tarmacked land without consent when widening a road, and how the damages for the trespass should be assessed. It was held that the council had encouraged nearby tenants of an industrial estate to trespass and the damages should reflect the extra rent the freeholder could have charged.
FIELD COMMON LTD V ELMBRIDGE BOROUGH COUNCIL
England and Wales--1543-