Fogarty v. St. Martin's Cottage [2015] 1 JLR 356 (10 April 2015)

Modest damages are appropriate for minor encroachment found after neighbours agreed a new boundary; demolition and alteration are not fair or proportionate remedies in the circumstances.

Citation: [2015] 1 JLR 356
Parties: Plaintiff: Fogarty; Defendant: St. Martin's Cottage
Jurisdiction: Jersey
Judgment Date: 10 April 2015
Procedural Posture: Civil / Judgment
Outcome: Damages awarded in lieu of removal
Legal Topics: Boundaries, Encroachment, Damages in Lieu of Removal

Land Law Boundaries Encroachment Damages in Lieu of Removal

Case Brief

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Parties

Fogarty

Plaintiff

St. Martin's Cottage

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the court should order demolition of the wall and change of windows due to minor encroachment after boundary agreement
2 Whether damages in lieu of removal are appropriate for minor encroachment

Ratio Decidendi

Modest damages are appropriate for minor encroachment found after neighbours agreed a new boundary; demolition and alteration are not fair or proportionate remedies in the circumstances.

Court Disposition

Damages awarded in lieu of removal

Orders

Defendant to pay modest damages to plaintiff
No order for demolition of wall or change of windows