Appeal against judgment in boundary dispute involving a private driveway.
Held: The appeal failed. ‘The respondents are entitled to exercise the ‘relative luxury’ of the ample right to gain both vehicular and pedestrian access to their land from the Driveway Land along the whole length of the right of way, unless insistence on this is either unreasonable or perverse.’
Sir Brian Leveson, Aikens, Macur LJJ
[2014] EWCA Civ 64
Bailii
England and Wales
Citing:
Cited – Cooke v Ingram 1893
Wright J said: ‘There is nothing in the original grant of the way which expressly limits the grantee to one line of access or to access only at the points, if any where his land actually adjoined the new way. And the parties certainly acted from the . .
Cited – Pettey v Parsons CA 1914
Mr Parsons (the defendant) owned a parcel of land on the junction of two roads in Bournemouth, called Charminster Road and Alma Road. In the middle of the parcel there was a footpath which ran from Charminster Road westwards to a private road which . .
Cited – National Trust v White ChD 1987
Warner J discussed the cases of Cooke v Ingram and Pettey v Parsons concerning rights of way: ‘Each was concerned with the resolution, in particular circumstances, of the inevitable conflict between the dominant owner’s right of access to the way . .
Cited – West v Sharp CA 1999
Mummery LJ set out the test to be applied when asking whether there had been a substantial interference in the exercise of an easement so as to be actionable: ‘Not every interference with an easement, such as a right of way, is actionable. There . .
Cited – Well Barn Shoot Limited and Well Barn Farming Limited v Shackleton and Another CA 22-Jan-2003
The defendants had been tenant farmers of the plaintiff company which retained shooting rights over the land when part was sold to the defendants. The defendant object to the use of a roadway by the plaintiff. The plaintiff sought to repurchase the . .
Cited – Keefe v Amor CA 1965
The Court declined to limit the extent of a right of way 20 feet wide by reference to the bottleneck at its entrance from the road of 4 feet 6 inches, consisting of a pair of gate pillars and a gate of that width. The grant was over the whole 20 . .
Cited – Celsteel Ltd v Alton House Holdings Ltd ChD 1985
An equitable easement (a right of way), which was not protected by any entry on the register, was a right openly exercised and enjoyed as appurtenant, in this case to a garage, and it adversely affected registered land as an overriding interest. The . .
Cited – B and Q Plc v Liverpool and Lancashire Properties Ltd ChD 26-Jul-2000
The dominant owner wished to deal with delivery vehicles in a manner where they were left parked awaiting emptying. The servient owner (a lessee) wanted to construct buildings over a large part of the land. The servient owner objected.
Held: . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 29 November 2021; Ref: scu.521039