Stephanie Wookey secures boundary dispute success

Stephanie Wookey, instructed by Sriharans Solicitors, successfully represented the Defendants to an application for an injunction for the removal of external cold compression refrigeration units, placed on the roof of a rear extension to their ground floor convenience store. The judge was satisfied that the 1998 transfer of the freehold in the property, from the Claimants to the Defendants, expressly excluded the airspace above the extension; and the Claimants still owned this. However, the ground floor included the airspace to the roof at its highest point. The roof had varying levels and a satellite dish installed on it prior to the 1998 transfer. As a result, it was unclear, on the evidence available, that there was a trespass or one that was more than minimal. In the alternative, the judge found that damages, of an agreed £100 a week in lieu of an injunction, would have been a more than adequate remedy and would not have granted the injunction. The claim was dismissed and the Defendants, who have been in dispute with the Claimants since 2015, were awarded their costs in defending the case.

Stephanie has had a number of successful outcomes in commercial, property and ToLATA disputes, since her return from maternity leave and she continues to develop her practice in these areas.