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Is it possible to build a road by mistake? Apparently yes.

For those who want a bit of light relief, see JS Bloor Ltd v Pavillion Developments Ltd [2008] EWHC 724 (TCC) (14 March 2008). A builds a stretch of road on B's land which he doesn't have to. Nevertheless his claim in unjust enrichment fails: there's no free acceptance by B (what can you do with tarmac apart from drive on it?). And even assuming that incontrovertible benefit is a ground of recovery, there isn't any here: the benefit of a road built by someone you didn't choose, arguably of indifferent quality, isn't an obvious benefit at all.

Andrew

--
Andrew Tettenborn MA LLB
Bracton Professor of Law
University of Exeter, England

Tel:                  01392-263189    /   +44-392-263189 (outside UK)
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Exeter Law School homepage: http://www.law.ex.ac.uk
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LAWYER, n. One skilled in circumvention of the law (Ambrose Bierce, 1906).