Gainsborough-Field v Hyde & Ors

Gainsborough-Field v Hyde & Ors

The proper construction of the right of way is that it permits use 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 by convention treated the then existing use (stabling and grazing horses) as agricultural use.

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
Outcome
Claim dismissed; declaration granted in favour of the First Defendant
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

Legal Issues

  1. 1 Whether the right of way permits access for equestrian activities (stabling, grazing, keeping horses for recreational purposes)
  2. 2 Whether the right of way is limited to agricultural use as defined in the grant
  3. 3 Whether proprietary estoppel applies to extend the right of way

Ratio Decidendi

The proper construction of the right of way is that it permits use 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 by convention treated the then existing use (stabling and grazing horses) as agricultural use.

Court Disposition

Claim dismissed; declaration granted in favour of the First Defendant

Orders

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