MacNab & Anor v Richardson & Anor

MacNab & Anor v Richardson & Anor

Minimal or marginal movement of the fence did not justify the respondents' resort to self-help; the circumstances did not constitute an emergency or clear case for abatement, and the proper remedy was through legal proceedings, not unilateral action. The trial judge's findings and award of damages were correct.

Parties
Appellant: Macnab & Anr; Respondent: Richardson & Anr
Jurisdiction
England and Wales
Judgment Date
16 December 2008
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Trespass, Boundary Disputes, Self Help Remedies, Injunctions, Damages
Property Law Tort Law Trespass Boundary Disputes Self Help Remedies Injunctions Damages

Case Brief

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Parties

Macnab & Anr

Appellant

Richardson & Anr

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding the fence remained on its declared legal boundary despite minimal movement
  2. 2 Whether minimal encroachment justified the respondents' resort to self-help in removing the fence

Ratio Decidendi

Minimal or marginal movement of the fence did not justify the respondents' resort to self-help; the circumstances did not constitute an emergency or clear case for abatement, and the proper remedy was through legal proceedings, not unilateral action. The trial judge's findings and award of damages were correct.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Damages as awarded by the trial court stand