George Perlman v Paul Rayden and Claire Rayden (Record no. 74575)

MARC details
000 -LEADER
fixed length control field 02667cab a2200265 4500
001 - CONTROL NUMBER
control field ABS68295
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 041019n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u127754
245 ## - TITLE STATEMENT
Title George Perlman v Paul Rayden and Claire Rayden
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
520 ## - SUMMARY, ETC.
Summary, etc. [2004] EWHC 2193 (Ch), 7 October 2004. Claimant (P) sought injunctions, declaratory relief and damages for trespass in respect of building works carried out to a neighbouring property owned by defendants (R) .P and R owned and lived at No 6A and 6 respectively. Dispute centred around R's access rights via roadway to carry out alteration works and build an extension to his property. P submitted that the use of roadway to carry out building works was unlawful and the altered features to No 6 which overhung the roadway gave rise to a liability in damages for trespass. The right of access to No 6 did not permit the position of the front door to be moved, a gap for repairing purposes had to be left between No 6A and any extension to No 6, the proviso in the title suspended R's rights to access while they were unlawfully using the roadway he had not consented to the trespasses to the roadway and was not estopped from complaining about them and was entitled to aggravated damages for the mental distress he had suffered. "Held: " that R was not entitled to use the roadway to carry out building operations which were not limited to works of repair and maintenance. R was entitled to carry out alterations to the property as long as they did not use the roadway to do so and did not create any physical alterations which would overhang the roadway. R was also entitled to reposition the front door of No 6. On expert evidence it was held that two metres should be left between wall of 6A and any extension in the garden of No 6. After hearing background facts to dispute, it was decided that P had consented to use of the roadway. Applying the wayleave principle to reflect the price which P as a reasonable person would charge and which R as a reasonable person would pay for the use of P's land, it was decided that the correct measure of damages was £10 000 plus an entitlement to aggravated damages of £5 000. View judgment at www.bailii.org.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PERLMAN V RAYDEN AND ANOTHER
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TRESPASS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element AGGRAVATED DAMAGES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RIGHTS OF WAY
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RIGHTS OF ACCESS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element EASEMENTS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ALTERATIONS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element EXTENSION
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element REPAIRS
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element Boundary disputes
9 (RLIN) 6221
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/Ch/2004/2192.htmlzView on the BAILII website...">https://www.bailii.org/ew/cases/EWHC/Ch/2004/2192.htmlzView on the BAILII website...</a>
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 19/10/2004   ABS68295 127754-1001 06/08/2019 1 06/08/2019 Law report
    Dewey Decimal Classification     Virtual Virtual Online 19/10/2004   ONLINE 127754-2001 06/08/2019 1 06/08/2019 Law report