000			01581cab a22001935a 4500
001			E149029
008			091215e20091120xxk 000 0 eng d
035			_a(Sirsi) u149029
041	0		_aeng
245	0	0	_aThompson v Bee & Anor _h[electronic resource]
260			_c2009
520			_a[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
590			_aKA
650	2	4	_aTHOMPSON V BEE & ANOR
651		4	_aEngland and Wales _y1543-
690			_aBoundary disputes _96221
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2009/1212.html _zView the judgement free of charge at www.bailii.org...
942			_n0
999			_c82034 _d82034