Bell v Wardell: 1740

The defendant argued in defence to a claim of trespass to land that there was a customary right for the inhabitants of the town to walk and to ride over a close of arable at all seasonable times.
Held: The claim was bad, because the defendant had trespassed at a time when the corn was standing. ‘It was said that by ‘seasonable times’ was meant in good weather, when it did not rain, snow or hail, and when it would be seasonable to ride out for the preservation of health, as the custom is laid to be, But the word ‘seasonable’ will admit here of no such construction; for it is ridiculous to say that ‘unseasonable’ was meant in respect to the person claiming the right. But ‘unseasonable’ must necessarily mean in respect to the owner of the soil; otherwise the custom would be a very strange one, that all the inhabitants of the town of N might ride over plaintiff’s corn and grass at all times of the year which would be to say that the inhabitants of N had a right to take away from plaintiff all the profits of his own land.’ The claim might be granted provided the right was compatible with a reasonable use of the land by the owner.

Judges:

Willes CJ

Citations:

(1740) Willes 202, [1740] 125 ER 1131

Cited by:

CitedOxfordshire County Council v Oxford City Council and others HL 24-May-2006
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 01 May 2022; Ref: scu.242333