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Ketley v Gooden

Language: English Series: Property, planning & compensation reports ; [1997] 73 P&CR March 1997, 305-313(8)Publication details: 1997Subject(s): Summary: CA 29 February 1996. Both parties owned adjacent properties, the titles to each of which were registered. G carried out building works to provide access to blocks of flats on his land, which K claimed constituted trespass. G also demolished a ramp providing access to K`s house. K issued a writ seeking an injunction and damages, G claimed ownership of the ramp. Judge rejected both claims to have title to the ramp and found G had acted with disregard to K`s rights. K granted an injunction and damages. G appealed. "Held" appeal allowed in part - injunction requiring reinstatement of the ramp should not have been granted.

CA 29 February 1996. Both parties owned adjacent properties, the titles to each of which were registered. G carried out building works to provide access to blocks of flats on his land, which K claimed constituted trespass. G also demolished a ramp providing access to K`s house. K issued a writ seeking an injunction and damages, G claimed ownership of the ramp. Judge rejected both claims to have title to the ramp and found G had acted with disregard to K`s rights. K granted an injunction and damages. G appealed. "Held" appeal allowed in part - injunction requiring reinstatement of the ramp should not have been granted.