MacNab & Anr v Richardson & Anr [electronic resource]
Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] EWCA 1631, 16 December 2008. Relates to a dispute regarding the boundary fence between the two properties at the rear. The appellants (R) claimed that the fence encroached on their land and that the laying of concrete foundations for the fence posts by builders acting on behalf of M represented a trespass. They had taken matters into their own hands and pulled up a section of fence and left it on M's land. The court discussed whether this represented 'self help'. "Held": Appeal dismissed. There was no urgency about the perceived encroachment, and this was therefore not a case of 'self help'. R had trespassed on M's land in order to remove the fence.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 148588-2001 |
[2008] EWCA 1631, 16 December 2008. Relates to a dispute regarding the boundary fence between the two properties at the rear. The appellants (R) claimed that the fence encroached on their land and that the laying of concrete foundations for the fence posts by builders acting on behalf of M represented a trespass. They had taken matters into their own hands and pulled up a section of fence and left it on M's land. The court discussed whether this represented 'self help'. "Held": Appeal dismissed. There was no urgency about the perceived encroachment, and this was therefore not a case of 'self help'. R had trespassed on M's land in order to remove the fence.