How has the court determined that the value of a parcel of land has been reduced or diminished in value due to trespass?
British Columbia, Canada
The following excerpt is from Kramer v. Blair, 2015 BCSC 1194 (CanLII):
Hranka v. Zeibak, 2006 BCSC 1232, involved trespass, including the construction of a pool, patios, decks and landscaping in a previously unused lower portion of the plaintiff’s steeply sloped property. That area was not visible from the plaintiff’s house at the top of the property. There was no diminution of value. Relying on Kates, the court concluded that the defendant’s estimates more closely reflected the actual cost of putting the land in the condition that it was in before the trespass and awarded damages on that basis, noting that the award must reflect the “reasonable cost of doing the work in a proper manner” (paras. 52-53).
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