Cases - Von Joel v Hornsey

Record details

Name

Von Joel v Hornsey

Date

(1895)

Citation

LR 2 Ch. 774

Keywords

Rights of light

Summary

The plaintiff owned a house opposite the defendant's land, on which the latter was rebuilding his house. The plaintiff warned the defendant that, if the building continued, he would start proceedings to obtain an injunction to stop him infringing the plaintiff's rights to light. The work continued and the plaintiff issued proceedings. However, the defendant evaded service of the court proceedings and in the meantime continued building the house until finally the proceedings were served on him. The judge ordered an interim mandatory injunction, requiring the defendant to pull down that part of the building which had been built after the plaintiff had warned him he intended to bring an action. The defendant appealed.

The Court of Appeal dismissed the appeal. It considered that the defendant had deliberately tried to avoid service in order to hurry on the building, in defiance of the plaintiff's objection and of the court. Lindley LJ stated that builders who were willing to take the chance of speedily putting up a building in such circumstances, must also run the risk of pulling it down.