Perlman v Rayden & Anor

Perlman v Rayden & Anor

The defendants are entitled to use the roadway to access their property at any reasonable point, including the new front door, and to construct a step and paved path, provided works are reasonable and restoration costs are paid. Consent and acquiescence by the claimant estop him from claiming damages for most works to the front elevation, except for installation of external lights and dormer window, for which damages are awarded. The gap to be left for access between properties is set at 2 metres. Damages for trespass, nuisance, and aggravated damages are awarded as specified.

Parties
Claimant: George Perlman; Defendant: Paul Rayden; Defendant: Claire Rayden
Jurisdiction
England and Wales
Judgment Date
07 October 2004
Procedural Posture
Civil / Judgment
Outcome
Claims for injunctions and most damages dismissed except as specified; declarations and damages granted for limited trespass and nuisance; gap for access set at 2 metres; aggravated damages awarded.
Legal Topics
Easements, Trespass, Nuisance, Estoppel, Damages, Planning Permission
Property Law Tort Law Equity Easements Trespass Nuisance Estoppel Damages +1 more

Case Brief

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Parties

George Perlman

Claimant

Paul Rayden

Defendant

Claire Rayden

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Extent of rights of way and access over roadway
  2. 2 Right to construct and use new front door and step
  3. 3 Obstruction and interference with right of access

Ratio Decidendi

The defendants are entitled to use the roadway to access their property at any reasonable point, including the new front door, and to construct a step and paved path, provided works are reasonable and restoration costs are paid. Consent and acquiescence by the claimant estop him from claiming damages for most works to the front elevation, except for installation of external lights and dormer window, for which damages are awarded. The gap to be left for access between properties is set at 2 metres. Damages for trespass, nuisance, and aggravated damages are awarded as specified.

Court Disposition

Claims for injunctions and most damages dismissed except as specified; declarations and damages granted for limited trespass and nuisance; gap for access set at 2 metres; aggravated damages awarded.

Orders

  • Damages of £10,000 for trespass relating to dormer window and external lights installation.
  • Nominal damages for parking trespass.