Flynn v Harte: 1913

Dodd J said: ‘Each case depends upon its own facts. Whether a gate is or is not an obstruction of the right is a matter of fact. He who acts in a neighbourly way may be sure he is within the law. He who acts in an unneighbourly manner is breaking the law … The question in most cases is convenience or ‘cussedness’? …’


Dodd J


[1913] 2 IR 322


England and Wales

Cited by:

ApprovedGeoghegan v Henry 11-Jan-1922
. .
CitedBramwell and Others v Robinson ChD 21-Oct-2016
Interference with right of way
Neighbour dispute as to right of way.
Held: The defendant had failed to establish the ‘swing space’ he asserted, but otherwise the claimant had in several ways behaved unreasonably and interfered with the use of the right and harrassed the . .
CitedOwers v Bailey ChD 2006
Nicholas Strauss QC dealt with the interference on a right of way by the erection of a gate, summarising the law. . .
Lists of cited by and citing cases may be incomplete.


Updated: 12 April 2022; Ref: scu.570357