Criminal Damage?

[Serpico65]

Could anyone tell me that if a wall was built unlawfully, in breach of a restrictive covenant, and that wall substantially blocked a sea view of it's neighbouring property, significantly reducing its value, could this be considered as criminal damage? I'm thinking in respect of the definition of criminal damage, without lawful excuse (building the unlawful wall) causes damage (the loss of value of the neighbouring property).
Any thoughts would be welcomed. Thanks.

[islandgirl]

in my view no but take action to enforce the covenant?

[Aged William]

No. See s.11(1) of the Criminal Damage Act 1971 which states “property” means property of a tangible nature...


https://www.legislation.gov.uk/ukpga...timeline=false

Edit. I've found the case of Davies v Dennis & Ors which may assist the OP. I've not read the detail but it seems to be relevant...


https://www.google.co.uk/amp/s/swarb...-oct-2009/amp/

https://www.bailii.org/ew/cases/EWCA/Civ/2009/1081.html

[islandgirl]

I remember from planning cases that you have no right to a view BUT if there is a convenant saying no wall can be built then presumably that is enforceable. Was planning sought for the wall (what height is it, is it close to a highway?) and if so did you object?

[Serpico65]

The right to the view is established by the covenant. The wall thus built unlawfully blocks the view from the property, which reduces the value of the property. The property is tangible, and the loss of value is the damage??

Where the interference (wall) amounts to an impairment of the value or usefulness of the property to the owner, then the necessary damage is established - R v Whiteley [1991] 93 CAR 25.

[islandgirl]

Was planning applied for? how high is the wall? Presumably the resolution you wish is the removal of the wall rather than a payment?

[des8]

Building the wall in breach of the restrictive covenant is not going to be deemed a criminal act.
In the circumstances as they are described, i.e. breach of covenant the act is at the most a trespass, but more likely a nuisance.

The beneficiary(ies) of the covenant could apply to the court for an order for its removal.

[Serpico65]

Building a wall in breach of a covenant is not a criminal act, but it is acting in an unlawful manner.
This act has caused damage in the diminution of the value of the property, making it a criminal act?

A defence would be 'lawful consent', but building the wall is not lawful.

[Aged William]

...value of the property...

This is not "tangible" so falls outside of the 1971 Act.

See my post at #3, above.

[des8]

Is this an actual or theoretical situation?

If you are thinking about a private criminal prosecution, IMO you would be better pursuing a civil case to either have the wall removed or payment of damages in lieu

[islandgirl]

As much as you would wish it to be and how much it may feel "criminal" it is not. Advice as above. Can you tell us if planning was applied for / granted?