Category Archives: Neighbourhood disputes

Miller v Jackson [1977] EWCA Civ 6 | 6 April 1977

ON THIS DAY in 1977, the England and Wales Court of Appeal delivered Miller v Jackson [1977] EWCA Civ 6 (06 April 1977).  A cricket club was sued in negligence and nuisance caused by cricket balls landing on a neighbour’s property.  Whilst ordering damages, the court refused to grant an injunction to cease the action or further action as the game of cricket itself was considered to be in the public interest.

Lord Denning began with the following:

“In summertime village cricket is the delight of everyone. Nearly every village has its own cricket field where the young men play and the old men watch. In the village of Lintz in County Durham they have their own ground, where they have played these last seventy years. They tend it well. The wicket area is well rolled and mown. The outfield is kept short. It has a good club-house for the players and seats for the onlookers. The village team play there on Saturdays and Sundays. They belong to a league, competing with the neighbouring villages. On other evenings after work they practice while the light lasts. Yet now after these 70 years a Judge of the High Court has ordered that they must not play there anymore, lie has issued an injunction to stop them. He has done it at the instance of a newcomer who is no lover of cricket. This newcomer has built, or has had built for him, a house on the edge of the cricket ground which four years ago was a field where cattle grazed. The animals did not mind the cricket. But now this adjoining field has been turned into a housing estate. The newcomer bought one of the houses on the edge of the cricket ground. No doubt the open space was a selling point. Now he complains that, when a batsman hits a six, the ball has been known to land in his garden or on or near his house. His wife has got so upset about it that they always go out at weekends. They do not go into the garden when cricket is being played. They say that this is intolerable. So they asked the Judge to stop the cricket being played. And the Judge, I am sorry to say, feels that the cricket must be stopped: with the consequences, I suppose, that the Lintz cricket-club will disappear. The cricket ground will be turned to some other use. I expect for more houses or a factory. The young men will turn to other things instead of cricket. The whole village will be much the poorer. And all this because of a newcomer who has just bought a house there next to the cricket ground.”

http://www.bailii.org/ew/cases/EWCA/Civ/1977/6.html

Lawyers

1300 00 2088

Legal disputes with neighbours

If you have a dispute with your neighbour, we recommend that you first take a look at  Problems With Neighbours.

The publication covers the following topics:

  • Noise complaints.
  • Overhanging branches
  • Pets
  • Dividing fences
  • Fence repairs
  • Privacy
  • Burning off
  • Mediation
  • Legal representation

Problems With Neighbours is a publication of the NSW Law Society as part of their Know Your Rights series.

For further information visit https://www.lawsociety.com.au/community/publicationsandfaqs/Problemswithneighbours/index.htm

Lawyers

Sydney, Australia

1300 00 2088

Taylor & anor v Smith & anor [2014] NSWLEC 1088

ON 16 MAY 2014, the NSW Land and Environment Court delivered Taylor & anor v Smith & anor [2014] NSWLEC 1088 (16 May 2014).

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2014/1088.html

The Mosman applicants sought orders under s14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 for twice yearly pruning of Leyland Cyprus trees on their neighbour’s property on the basis that the trees severely blocked sunlight and their view.

The appeal was upheld in part, with the respondent ordered to prune the trees on an annual basis.

Lawyers 1300 00 2088

Dividing Fences Act 1991 (NSW)

ON THIS DAY in 1991, the NSW Dividing Fences Act 1991 commenced.

http://www.austlii.edu.au/au/legis/nsw/consol_act/dfa1991137

Lawyers

Sydney, Australia

1300 00 2088

Miller v Jackson [1977] EWCA Civ 6

ON 6 APRIL 1977, the England and Wales Court of Appeal delivered Miller v Jackson [1977] EWCA Civ 6 (06 April 1977).  A cricket club was sued in negligence and nuisance caused by cricket balls landing on a neighbour’s property.  Whilst ordering damages, the court refused to grant an injunction to cease the action or further action as the game of cricket itself was considered to be in the public interest.

Lord Denning began with the following:

“In summertime village cricket is the delight of everyone. Nearly every village has its own cricket field where the young men play and the old men watch. In the village of Lintz in County Durham they have their own ground, where they have played these last seventy years. They tend it well. The wicket area is well rolled and mown. The outfield is kept short. It has a good club-house for the players and seats for the onlookers. The village team play there on Saturdays and Sundays. They belong to a league, competing with the neighbouring villages. On other evenings after work they practice while the light lasts. Yet now after these 70 years a Judge of the High Court has ordered that they must not play there anymore, lie has issued an injunction to stop them. He has done it at the instance of a newcomer who is no lover of cricket. This newcomer has built, or has had built for him, a house on the edge of the cricket ground which four years ago was a field where cattle grazed. The animals did not mind the cricket. But now this adjoining field has been turned into a housing estate. The newcomer bought one of the houses on the edge of the cricket ground. No doubt the open space was a selling point. Now he complains that, when a batsman hits a six, the ball has been known to land in his garden or on or near his house. His wife has got so upset about it that they always go out at weekends. They do not go into the garden when cricket is being played. They say that this is intolerable. So they asked the Judge to stop the cricket being played. And the Judge, I am sorry to say, feels that the cricket must be stopped: with the consequences, I suppose, that the Lintz cricket-club will disappear. The cricket ground will be turned to some other use. I expect for more houses or a factory. The young men will turn to other things instead of cricket. The whole village will be much the poorer. And all this because of a newcomer who has just bought a house there next to the cricket ground.”

http://www.bailii.org/ew/cases/EWCA/Civ/1977/6.html

Lawyers

1300 00 2088