Crow v Wood [1970] EWCA Civ 5 (09 June 1970)

Crow v Wood [1970] EWCA Civ 5 (09 June 1970)

The duty to maintain boundary fences to keep out moorland sheep, established by local custom and enjoyed with the land, is a right or advantage capable of passing under section 62 of the Law of Property Act 1925 upon severance of common ownership. Mrs. Crow was under a legal obligation to maintain her fences, and her failure to do so precluded her from recovering damages for cattle trespass by the Defendant's sheep.

Citation
[1970] EWCA Civ 5
Parties
Plaintiff (respondent): Edna Jean Crow; Defendant (appellant): Robin Stuart Wood
Jurisdiction
England and Wales
Judgment Date
09 June 1970
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed; judgment for Defendant
Legal Topics
Duty to Fence, Easements and Quasi Easements, Section 62 Law of Property Act 1925, Custom and Prescription, Cattle Trespass
Property Law Easements Customary Law Duty to Fence Easements and Quasi Easements Section 62 Law of Property Act 1925 Custom and Prescription Cattle Trespass

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Parties

Edna Jean Crow

Plaintiff (respondent)

Robin Stuart Wood

Defendant (appellant)

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether a duty to fence against straying sheep exists and is enforceable between neighbouring landowners after severance of common ownership
  2. 2 Whether such a duty passes as an easement or advantage under section 62 of the Law of Property Act 1925
  3. 3 Whether the custom of the moor imposes a legal obligation to maintain boundary fences

Ratio Decidendi

The duty to maintain boundary fences to keep out moorland sheep, established by local custom and enjoyed with the land, is a right or advantage capable of passing under section 62 of the Law of Property Act 1925 upon severance of common ownership. Mrs. Crow was under a legal obligation to maintain her fences, and her failure to do so precluded her from recovering damages for cattle trespass by the Defendant's sheep.

Court Disposition

Appeal allowed; judgment for Defendant

Orders

  • Appeal allowed with costs on scale 4 of County Court scale, with discretionary items
  • Judgment for Defendant