Riddle of the road
Language: English Series: Property Week ; 73(39) 26 September 2008, 94(1)Publication details: 2008Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L145567 (Browse shelf(Opens below)) | 1 | Available | 145567-1001 |
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.