Infringement Claims
In law an infringement is a trespass: it can be either a physical Infringement or an interference with a right-of-way.
Physical Infringement
Example: ‘Weekenders’ and ‘Coldcomfort’ are adjoining houses. Coldcomfort gets planning permission for an extension along its side. They begin work while ‘Weekenders’ are away. They remove the boundary fence and install footings 100mm over the old fence line. ‘Weekenders’ complain. ‘Stop blatherin’ say the owners of Coldcomfort, ‘the wall will be on the boundary line.’
Interference with a Right of Way
What can Weekenders do?
If it is so easy why does it so rarely happen?
First, because most people prefer a local solicitor who is probably a generalist. Such solicitors prefer correspondence to action. After all, it is easier to write a series of letters than to draft the necessary documents to persuade a court.
Second, the wording of a most legal-expenses insurance policies. A household insurance policy may allow for free legal advice but not action. So the policyholder gets plenty of chat: telephone calls, advice, letters, emails. But buried in the small print is a term which provides that the insurer will not fund an application for an injunction.
So, the very thing that Weekenders needs – an early application to the court – will probably not occur. And if it doesn’t then watch out: Coldcomfort will get away with their work.
If no injunction application is brought and Coldcomfort carry on regardless the law may work to their advantage: by the time the matter gets to court – a year leter - Coldcomfort rely upon the principle of acquiescence: they say Weekenders have moaned and sent letters, but have not brought an application. Moreover, they say the building works have continued when they could have been stopped; the loss in value to Weekender’s property is minimal, the cost of demolition and rebuilding is disproportionate.