Cases - Stanton v Jones

Record details

Name

Stanton v Jones

Date

(1994)

Citation

(unreported)

Keywords

Rights of light

Summary

This neighbour dispute ran for some 24 years. It began in about 1971 when Mr Stanton planted a row of 10 leylandii on his land about 1 ft from the boundary between his house and that of Mr Jones. When the hedge reached 15 ft, Mr Jones complained his garden was being robbed of sunlight. In 1979, when the row of conifers was 25 ft, formal complaints via solicitors began. The hedge eventually reached a height of 35 ft. Mr Jones' house was only 35 ft from the boundary. Mr Stanton eventually agreed to trim the hedge back to about 25 ft. However, Mr Jones then cut it down by 5 ft (and there was a dispute as to whether he had cut it down considerably further) without his neighbour's agreement. Mr Stanton began proceedings in the Birmingham County Court claiming damages for trespass because Mr Jones had gone on to his land, without his consent, and cut back the trees. Mr Jones claimed that he was entitled to do so for the purpose of maintaining and trimming the trees in accordance with the 'scheme of management' in place on the estate. The scheme provided that hedges on and along the boundary were deemed to be party walls and were to be kept properly trimmed and in good condition.

The judge in the County Court made a declaration that, in accordance with the scheme, the hedge was deemed to be a party wall, that Mr Jones was entitled to maintain it and that he had the right to reduce its height. Mr Stanton appealed. The Court of Appeal agreed with the judge that the hedge was a party wall. However, it referred the case back to the County Court to decide whether Mr Jones had the right to cut it back as far as he had. The County Court then awarded Mr Jones a declaration entitling him to cut the hedge and in 1996 the conifers were reduced to 12 ft.