Cubitt v Porter

Case Summary

 

Court:
High Court (Kings Bench)
Status:
Not Binding
Current Legislation:
Party Wall etc. Act 1996, s. 20
Facts:

Cubitts land was separated from Porter’s land by a free-stranding party wall. Porter demolished the wall and rebuilt it to a greater height, and attached his cottage to it.

Cubitt alleged that this constituted a trespass to his property,

Decision:
Where there was evidence of common acts of user in a wall the law will presume that it is a party wall.