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England and Wales High Court (Queen's Bench Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Swan Housing Association Ltd v Gill [2012] EWHC 3129 (QB) (07 November 2012) URL: https://www.bailii.org/ew/cases/EWHC/QB/2012/3129.html Cite as: [2012] 46 EG 121, [2012] WLR(D) 325, [2013] 5 EG 98, [2013] 1 WLR 1253, [2013] 1 EGLR 69, [2012] EWHC 3129 (QB) |
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QUEEN'S BENCH DIVISION
ON APPEAL FROM THE SOUTHEND COUNTY COURT
HH PAUL COLLINS CBE
Strand, London, WC2A 2LL |
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B e f o r e :
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SWAN HOUSING ASSOCIATION LIMITED |
Claimant/ Respondent |
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- and - |
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CARY GILL |
Defendant/ Appellant |
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Mr S Armstrong (instructed by Chennells) for the Defendant/Appellant
Hearing date: 29 October 2012
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Crown Copyright ©
Mr Justice Eady :
i) impede access over the passageway running adjacent to the property by installing a lock on the gate and by the erection of greenhouses;ii) trespass on the garden of the first floor flat and the passageway by reason of erecting a gazebo along with the greenhouses already referred to.
What is alleged is that the gazebo extends, on one side, over that part of the back garden which has not been demised to either of the parties: on the other side, the greenhouses overlap the side passage.