A neighbouring landowner has called for a recently completed luxury apartment scheme by Laing Homes to be torn down.
Chertsey Bridge Developments has accused the housebuilder of trespass and is seeking an injunction to stop any further works.
It accuses Laing of building the block part of Laing’s 144-flat scheme at Upper Reach in Chertsey, Surrey over its right of way for accessing a car park leased from Laing, next to CBD’s Bridge Road office building.
Laing is defending the action on the ground that it has provided CBD with an alternative access route to the car park.
It adds that CBD “stood by” while it built the flats, which were roofed by July, and started legal proceedings only in November.
Last week, the high court rejected an application by CBD for an interim injunction to stop Laing carrying out further works on the car park in the lead-up to a full hearing, the date of which has yet to be set.
Mr Justice Hart said although there was a “slight risk” the court would order Laing to remove the building, the most likely remedy would be damages.
CBD is not presently using the car park, which forms part of Guardian Properties’ premises at Bridge Wharf.
However, it said the lease had 66 years left to run, and the alleged trespass would affect the future use of the site.
References: EGi News 13/03/06
