Source: All England Reporter
Publisher Citation: [2006] All ER (D) 106 (Sep)
Court: Chancery Division
Judge:

Nicholas Strauss QC sitting as a Deputy Judge of the High Court

Representation Nathan Wells (instructed by Wilsons) for the claimant.
  The defendant did not appear and was not represented.
Judgment Dates: 22 September 2006

Catchwords

Easement - Right of way - Disturbance - Remedy - Track running between properties of parties - Claimants asserting right of way over track - Defendant obstructing track with vehicle - Defendant erecting gates on track - Whether claimants having right of way - Whether defendant's interference being actionable.

The Case

In a case where the claimants sought a declaration that they had a legal right of way over a track running between their property and that of the defendant, and further, they would be granted relief against the defendant's interference with that right as they had established that they were entitled to use the track as a legal easement.

Practice Areas

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