27 Mar 2019
JOHNSON v BARRY PARK INVESTMENTS LIMITED [2019] NZHC 597
- Citation
- (2019) 20 NZCPR 562
- Court
- High Court
The wall constitutes a 'wrongly placed structure' because its evident purpose and function is to provide a building platform and foundation for the house on number 22 (the structure 'goes with' that property); party wall/ownership arguments fail because the structure is not a centreline party wall and acquisition of part of the structure by the plaintiffs' title or their knowledge at purchase does not preclude relief under the Act; the defendant adopted/continued the trespass by using the wall and has been on notice; it is just and equitable to order removal of the man-made encroaching parts…