Commentary

112 Walls and fences put up in the wrong place

ALLOTMENTS, SMALLHOLDINGS AND GARDENS vol 2(3)
| Commentary

112 Walls and fences put up in the wrong place

| Commentary

112 Walls and fences put up in the wrong place

Where a wall or fence is put up by owner N wholly or partially on the land of owner M without any agreement, this is a trespass, and owner M can seek an injunction against owner N to pull it down and can sue for damages. Owner M can also exercise self redress and knock down the wall or fence in simple or emergency situations, but if he applies for an injunction and it is refused, the right for self-redress ceases and he can no longer lawfully do this1

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