The defendant farmed land adjacent to land over which he had registered rights of common allowing him to graze sheep. The freeholders brought the action saying that the use was in excess of the rights. He counter-claimed that the extension of a golf course on the land breached the rights of common.
Held: The defendant’s rights did not include the right to bring additional food onto the land, nor to drive at will over the common land. He could only drive over the land to an extent agreed as reasonable. The counterclaim failed.
Judges:
Lords Justice Buxton and Laws
Citations:
[2003] EWCA Civ 1737, Gazette 13-Nov-2003
Links:
Jurisdiction:
England and Wales
Citing:
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 – Regina v Secretary of State for Environment ex parte Billson Admn 16-Feb-1998
A deed granting access to a common in accordance with the section included access by horseback as well as by foot. The court upheld the Inspector’s decision that the 20-year user of the land relied upon by the applicant for the modification was not . .
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: . .
Cited – Regina v Planning Inspectorate Cardiff ex parte Elwyn Ivor Howell Admn 15-Jun-2000
. .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 20 November 2022; Ref: scu.188476