The applicant sought orders which would allow its builder to gain temporary access to a part of the respondent’s neighbouring land to erect scaffolding and undertake construction on the common boundary between both properties, relying on s180 of the Property Law Act 1974.
Orders were ultimately made by agreement to grant the access – after the filing of submissions and material and on the day the matter was due to be heard.
The parties were then in dispute about costs. Each sought its costs: the applicant relying on section 180(6) of the Act which provided that “special circumstances” needed to be shown.
The Court ultimately made no orders as to costs.
Acting for the applicant, Michael Trim was instructed by Mills Oakley.