Jaggard v Sawyer and another
Language: English Series: Estates Gazette ; (1995) 13 EG 132-140(9)Publication details: 1995Subject(s): Summary: CA 18 July 1994. Both parties were resident in a private cul-de-sac, where all houses were bound by restrictive covenants that unbuilt land could be used only for gardens. S purchased land behind the family home, obtained permission and commenced building another house for which access was to be over the existing garden. J, the plaintiff, opposed this development, arguing that access over the private road amounted to trespass, there being no right of way. At first instance it was "held" that this was the case and there had been a breach of covenant, but the judge awarded damages rather than grant an injunction. J appealed, but the earlier decision was upheld.| Item type | Current library | Call number | Copy number | Status | Date due | Barcode | |
|---|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS52507 (Browse shelf(Opens below)) | 1 | Available | 82472-1001 |
CA 18 July 1994. Both parties were resident in a private cul-de-sac, where all houses were bound by restrictive covenants that unbuilt land could be used only for gardens. S purchased land behind the family home, obtained permission and commenced building another house for which access was to be over the existing garden. J, the plaintiff, opposed this development, arguing that access over the private road amounted to trespass, there being no right of way. At first instance it was "held" that this was the case and there had been a breach of covenant, but the judge awarded damages rather than grant an injunction. J appealed, but the earlier decision was upheld.