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.
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