A property management company has failed to overturn a county court finding that it was guilty of trespass in carrying out improvement work on the garden of premises neighbouring one of its own properties.
Prime Court Property Management Ltd went ahead with its improvement scheme at property in Brightons Marine Parade despite protests from the neighbour. It installed a water feature, brick columns and electronically operated gates on the road outside the property.
However, the neighbour then brought a successful action for trespass in the county court, in which the judge found that the work amounted to trespass on the neighbours garden and wrongful interference with his rights to park on and use the road.
Challenging that finding in the High Court, Primecourt argued that the property owner had insufficient title to the garden to sue for trespass and did not have any right to keep his car on the road in front of his house.
Dismissing the appeal, however, Laddie J ruled that there was no authority for Primecourts contention that the neighbour had no more than a right to pass and repass. And, as far as the trespass claim was concerned, it was no answer for Primecourt to argue that the neighbour was no more than a licensee of the garden. It was established that a licensee could maintain a trespass action against an interloper provided he had been given effective control over the land.
McClymont v Primecourt Property Management Ltd Chancery Division (Laddie J) 17 November 2000
Sara Hargreaves (instructed by Dean Wilson Laing, of Brighton) appeared for the claimant; Kenneth Munro (instructed by Martin Cray & Co, of Brighton) appeared for the defendant.
PLS News 21/11/00
