Temporary trespass

Sinclair v Gavaghan [2007] EWHC 2256 (Ch)

The defendants owned a piece of undeveloped land with no access to the public highway. They bought an adjacent property, which did have access and obtained planning permission for the undeveloped land with access to the highway over the property they had purchased. The claimants owned a triangular piece of land, which protruded several feet into the driveway of the purchased property. In the course of the development, the defendants’ vehicles regularly crossed this piece of land. The claimants obtained an injunction and claimed damages of £125,000, which they contended with what they would have charged for a license for the temporary use of their land.