A question arose as to the user of a wall separating adjoining lands belonging to different owners. It was held that common user is prima facie evidence that the wall and the land on which it stands belongs to the owners of those adjoining lands in equal moieties as tenants in common. The jury found that the wall was a party wall. The plaintiff having brought an action against the defendant for trespass to the wall because he had pulled it down, the argument was whether the verdict of the jury was, in fact, a verdict for the defendant. ‘There was evidence of a common user by both parties, which justified the presumption either that the wall was originally built, on land belonging in undivided moieties to the owners of the respective premises, and at their joint expense; or that it had been agreed between them that the wall and the land on which it stood should be considered the property of both as tenants in common, so as to insure to each a continuance of the use of the wall.’
Judges:
Bayley J
Citations:
[1828] 8 B and C 257
Jurisdiction:
England and Wales
Cited by:
Cited – Dean v Walker CA 10-May-1996
The appellant sought to challenge an order granting his neighbour access across his land in order to maintain a gable end wall.
Held: The judge was plainly correct to make the order. The appellant’s fear that this would prejudice any future . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 24 November 2022; Ref: scu.219080