Source: All England Reporter
Publisher Citation: [2012] All ER (D) 144 (Jun)
Neutral Citation: [2012] EWCA Civ 837
Court: Court of Appeal, Civil Division
Judge:

Ward, Lewison LJJ, and Norris J
Representation Alexander Hill-Smith (instructed by BrookStreet des Roches) for the claimant.
  Lindsay Johnson (instructed by J C Lawrence & Co) for the defendant.
Judgment Dates: 21 June 2012

Catchwords

Easement - Right of way - Extent of use - Defendant having benefit of rights of way from an access road owned by claimant - Easements permitting driving of sheep from access road to land adjoining land but not to grazing on land beyond - Defendant achieving that overall movement of sheep by two individually permissible movements - Claimant seeking declaration that use impermissible - Court finding that as individual movements of sheep use was permissible - Claimant appealing - Whether court had to have regard to overall intention of user.

The Case

Easement Right of way. The Court of Appeal, Civil Division, allowed in part an appeal against the judgment dismissing a claim for impermissible use of an easement, as, although the individual steps in the use were permissible, the overall use had been for an impermissible purpose.

Practice Areas

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