From: Jason W Neyers
<jneyers@uwo.ca>
Sent: Tuesday 23 July 2024 14:34
To: obligations
Subject: ODG: Right of Access
I post on
behalf of Barbara McDonald:
On the issue of whether blocking access to
private property amounts to a private nuisance, there is an extensive
discussion of the authorities, including those highlighted by Sandy, by
Sholl J in Walsh v Ervin [1952] VLR 361. The plaintiff also succeeded in public
nuisance.
The dispute was between two farmers whose
properties were divided by a public road. The defendant ploughed part of the
road for crops and erected gates. This caused the plaintiff inconvenience in
getting access to his own property and moving his sheep.
There was no injunction because by the
time of the judgment the obstructions had been removed. Damages were
awarded.
There is extensive discussion of what is
sufficient particular damage to support an unusual private right of
action in public nuisance.
Jason Neyers
Professor of Law
Faculty of Law
Western University
Law Building Rm 26
e. jneyers@uwo.ca
t. 519.661.2111 (x88435)
|
|
|
|
|
You're receiving
this message because you're a member of the obligations group from The
University of Western Ontario. To take part in this conversation, reply all
to this message. |
|
|
|
| Learn more
about Microsoft 365 Groups |
|
|