Gainsborough-Field v Hyde & Ors [2005] EWHC 2229 (QB) (21 June 2005)

Gainsborough-Field v Hyde & Ors [2005] EWHC 2229 (QB) (21 June 2005)

The proper construction of the right of way permits use by Mr. Hyde and successors at all times and for all purposes in connection with the stabling, keeping, and grazing of horses and any future agricultural use, as the parties treated the then existing equestrian use as agricultural by convention at the time of grant.

Citation
[2005] EWHC 2229
Parties
Claimant: Gainsborough-Field; First Defendant: Hyde; Second Defendant: Anna Kennerley; Third Defendant: Jo Ruddy; Fourth Defendant: Marie Asquith
Jurisdiction
England and Wales
Judgment Date
21 June 2005
Procedural Posture
Civil / Judgment After Split Trial of Issues
Outcome
Declaration granted in favour of the Defendants; Claimant's restrictive interpretation rejected; estoppel argument not relevant.
Legal Topics
Construction of Easements, Right of Way, Agricultural Use, Equestrian Activities, Proprietary Estoppel
Property Law Easements Construction of Easements Right of Way Agricultural Use Equestrian Activities Proprietary Estoppel

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Parties

Gainsborough-Field

Claimant

Hyde

First Defendant

Anna Kennerley

Second Defendant

Jo Ruddy

Third Defendant

Marie Asquith

Fourth Defendant

Procedural Posture

Civil / Judgment After Split Trial of Issues

Legal Issues

  1. 1 Whether the right of way permits access for equestrian activities (stabling, grazing, keeping horses for recreational riding)
  2. 2 Whether proprietary estoppel prevents the claimant from restricting such use

Ratio Decidendi

The proper construction of the right of way permits use by Mr. Hyde and successors at all times and for all purposes in connection with the stabling, keeping, and grazing of horses and any future agricultural use, as the parties treated the then existing equestrian use as agricultural by convention at the time of grant.

Court Disposition

Declaration granted in favour of the Defendants; Claimant's restrictive interpretation rejected; estoppel argument not relevant.

Orders

  • Declaration that the right of way permits use for stabling, keeping, and grazing horses and any future agricultural use.
  • No injunction granted against equestrian use.