Wheeler and another v J J Saunders Ltd and another
Wheeler and another v J J Saunders Ltd and another
- 1995
- Weekly Law Reports (1995) 3 WLR 466-482(17) .
CA 19 December 1994. A house, its out-buildings and an adjacent farm were in common ownership. There were two routes of access to the house, one of which led from a road south of the property across a strip of land giving access to the farm. X bought the house with the intention of converting the out-buildings into holiday cottages. The conveyance contained no express grant of an easement. Y bought the farm and gained planning permission to build two Trowbridge houses to accomodate breeding pigs, one of which was only 11m from the house. X obstructed the access route. It was held that there was no right of way from the south as an alternative was available and that Y was liable to pay nuisance payments in respect of the smell from the pigs despite the granting of planning permission.
EASEMENTS
HOLIDAY COTTAGE
INTENSIVE LIVESTOCK FARMING
NUISANCE PAYMENTS
PIG BREEDING
PLANNING PERMISSION
RIGHTS OF WAY
ROUTES OF ACCESS
TROWBRIDGE HOUSE
CA 19 December 1994. A house, its out-buildings and an adjacent farm were in common ownership. There were two routes of access to the house, one of which led from a road south of the property across a strip of land giving access to the farm. X bought the house with the intention of converting the out-buildings into holiday cottages. The conveyance contained no express grant of an easement. Y bought the farm and gained planning permission to build two Trowbridge houses to accomodate breeding pigs, one of which was only 11m from the house. X obstructed the access route. It was held that there was no right of way from the south as an alternative was available and that Y was liable to pay nuisance payments in respect of the smell from the pigs despite the granting of planning permission.
EASEMENTS
HOLIDAY COTTAGE
INTENSIVE LIVESTOCK FARMING
NUISANCE PAYMENTS
PIG BREEDING
PLANNING PERMISSION
RIGHTS OF WAY
ROUTES OF ACCESS
TROWBRIDGE HOUSE