Thompson v Bee & Anor [electronic resource]
Thompson v Bee & Anor [electronic resource]
- 2009
[2009] EWCA Civ 1212, 20 November 2009. The appeal looked at two issues: firstly, whether an unregistered right of way can be used only for agricultural purposes. The previous court's decision that it could not be used for residential purposes meant that plans for a development of three houses could not now go ahead. The second question was whether, even if non-agricultural access was allowed, the increased intensity of use would exceed what is reasonably tolerable and amount to an actionable nuisance. "Held": appeal against the terms of the declaration allowed. A different declaration would be substituted to the effect that the defendant's right of way to the Garth does not permit use for the three residences proposed to be erected on the Garth. The appeal against the grant of an injunction was dismissed, but with a variation in its wording to the effect that the defendant is prohibited from using the right of way for the purposes of access to and from three residences proposed to be built on the Garth
THOMPSON V BEE & ANOR
England and Wales--1543-
[2009] EWCA Civ 1212, 20 November 2009. The appeal looked at two issues: firstly, whether an unregistered right of way can be used only for agricultural purposes. The previous court's decision that it could not be used for residential purposes meant that plans for a development of three houses could not now go ahead. The second question was whether, even if non-agricultural access was allowed, the increased intensity of use would exceed what is reasonably tolerable and amount to an actionable nuisance. "Held": appeal against the terms of the declaration allowed. A different declaration would be substituted to the effect that the defendant's right of way to the Garth does not permit use for the three residences proposed to be erected on the Garth. The appeal against the grant of an injunction was dismissed, but with a variation in its wording to the effect that the defendant is prohibited from using the right of way for the purposes of access to and from three residences proposed to be built on the Garth
THOMPSON V BEE & ANOR
England and Wales--1543-