The parties owned adjoining premises. The plaintiffs sought relief, alledging that their rights of way had been infringed. The defendant had erected fences and gates across a service road.
Held: Where a party erected a fence obstructing a right of way, the court was able to differentiate between rights of way by foot and vehicular rights of way. The right of way by car had begun only within the prior 20 years. That particular right of way could be enforced by injunction, but not for the extent of use claimed.
D L Mackie QC
Gazette 16-Jun-1999,  96 (24) LSG 40
Prescription Act 1832
England and Wales
Updated: 01 June 2021; Ref: scu.79903