ER Ives Investment Ltd v High

THE MASTER OF THE ROLLS (Lord Denning) LORD JUSTICE DANCKWERTS and LORD JUSTICE WINN ____________________

(Transcript from the Shorthand Notes of The Association of Official Shorthandwriters Ltd., Room 392, Royal Courts of Justice, and 2, New Square, Lincoln's Inn, London, W.C..2.)

MR E.I. GOULDING, Q.O. and MR JAMBS SUNNUCKS (instructed by Messrs Jaques & Co., Agents for Messrs Hill & Perks, Norwich) appeared as Counsel for the Appellants, MR P. MILLETT (instructed by Messrs Maxwell Batley & Co., Agents for Messrs Emmett & Tacon, Norwich) appeared as Counsel for the Respondent. ____________________

Mr High at once objected to the trespass. On the 2nd November, 1949, there was a meeting on the site between Mr High and Mr Westgate, a surveyor, an architect and others. Mr Westgate admitted the trespass. Mr High could have compelled Mr Westgate to remove the foundations. But instead of doing so, Mr High came to this agreement with Mr Westgate:

On the one hand, Mr Westgate was to be at liberty to keep the foundations of the block of flats as they ware in Mr High's land; and Mr Westgate was to build up the wall of the flats on that side with no windows or openings on to Mr High's land.