Court cases on curtilage

Just thought we would share this handy paragraph from a recent appeal decision (DCS Number 400-026-036) on the definition of a curtilage.

“In terms of what can be reasonably considered as residential curtilage it was held in Dyer v Dorset CC [1989] that curtilage constitutes a piece of ground attached to a dwellinghouse and forming one enclosure with it; thereby the area attached to and containing a dwellinghouse and its outbuildings. The case of McAlpine v Secretary of State for the Environment [1995] did not depart from the above judgement save for the mention of it being constrained to a small area around a building, whilst the Court of Appeal in Secretary of State for the Environment, Transport, and the Regions v Skerritts of Nottingham [2000] decided that the definition of a curtilage in relation to a building must remain a question of fact and degree in each case.”

More detail on this subject can be found in an earlier blog, The definition of curtilage, as well as in sections 4.3444 and 12.912 of DCP Online.