Wheeler and another v J J Saunders Ltd and another
Language: English Series: Weekly Law Reports ; (1995) 3 WLR 466-482(17)Publication details: 1995Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS53580 (Browse shelf(Opens below)) | 1 | Available | 5179-1001 |
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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.