000			01954cab a22002295a 4500
001			L145564
008			081021e20080827xxk f v 000 0 eng d
035			_a(Sirsi) u145564
041	0		_aeng
245	0	0	_aField Common Ltd v Elmbridge Borough Council _h[electronic resource]
260			_c2008
520			_aField Common Ltd v Elmbridge Borough Council [2008] EWHC 2079 (Ch), 27 August 2008. The case shows that 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. Long negotiations to agree a purchase price for the land came to nothing. At an earlier hearing the court dismissed the council's claim to a prescriptive right of way. The council had trespassed and damages would be awarded to the landowner. The freeholder sought damages on the basis of what the authority would have had to pay if a right to use the land had been negotiated. Held: the High Court said the council had encouraged tenants of a nearby industrial estate to trespass on the landowners land and therefore damages should reflect the extra rent it could have charged with the benefit of the improved access road. The court left it to the two sides to agree a sum based on its rulings.
590			_aKA
650	2	4	_aFIELD COMMON LTD V ELMBRIDGE BOROUGH COUNCIL
650	2	4	_aHOLMES V WILSON
650	2	4	_aBLAKE V HIGHWAYS DEPARTMENT
650	2	4	_aEARL OF SEFTON V TOPHAMS LTD (NO2)
651		4	_aEngland and Wales _y1543-
690			_aBoundary disputes _96221
856	4	0	_uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2008/2079.html&query=title+(+field+)+and+title+(+common+)+and+title+(+v+)+and+title+(+elmbridge+)&method=boolean _zView the case free of charge at www.bailii.org
942			_n0
999			_c80878 _d80878