Neighbour Law Flashcards
Corrie v Craig
- Action for payment based on UE refused.
- Neighbour had built fence using far more expensive materials than original.
Newton v Godfrey
- Necessary repairs – gain court permission to do work
- Can bill other owner for cost
Thom v Herrington
Impairment must measurable, not merely negligable. Action refused as fence did not jeapordise support of wall.
Duke of Buccleugh v Magistrates of Edinburgh
- Assembly Rooms.
- Pillars encroached neighbours land.
- Objection to encroachment: 30 years deemed too late to raise.
Anderson v Brattisanni’s
- Signpost/object affixed to building – encroachment
- However, predecessor consent may be considered
- Removal refused: no practical to move and essential
Halkerston v Wedderburn
Overhanging branches – encroachment, can be ordered to remove.
Pollock v Drogo Development
Pipes – encroachment. As such ordered to remove.
Strathclyde Regional Council v Permsimmon Homes
Access to new estate partly over council land. Grant of permission did not give council consent as land owner. Priv/public law distinction.
Mclellan v J&D Pierce
Court ordered removal of encroachment. Previously been told to stop.
Dryburgh v Fife
Where support is withdrawn, no need for proof of negligence.
Buchan v Andrew
- Vary title deeds of support.
- Exclusion of right to damages in removing support may impliedly include no duty to support
Dunlop v Robertson
- increasing height of wall successful defended for privacy
More v Boyle
Spiteful act – closing off water which would normally percolate complainer’s property.
