Jobson v Record and another
Jobson v Record and another
- 1998
- Estates Gazette Law Reports [1998] 09 EG 148-149(2) .
CA 16 April 1997. Defendants purchased a farm together with a right of way with the term of the grant of way that it be for agricultural use or for house access. The private roadway was used to transport felling equipment and transport timber. Plaintiff sought an injunction and damages on the grounds that the defendants` use of the right of way was unauthorised by the terms of the grant. County court held that felling of trees was an agricultural operation and within the terms of the grant although not the bringing in of felling equipment. The plaintiff appealed. Held, appeal allowed.
AGRICULTURAL USE
FARM
FORESTRY
PRIVATE ROADS
RIGHT OF WAY
CA 16 April 1997. Defendants purchased a farm together with a right of way with the term of the grant of way that it be for agricultural use or for house access. The private roadway was used to transport felling equipment and transport timber. Plaintiff sought an injunction and damages on the grounds that the defendants` use of the right of way was unauthorised by the terms of the grant. County court held that felling of trees was an agricultural operation and within the terms of the grant although not the bringing in of felling equipment. The plaintiff appealed. Held, appeal allowed.
AGRICULTURAL USE
FARM
FORESTRY
PRIVATE ROADS
RIGHT OF WAY