Wheeler v JJ Saunders Ltd [1994] EWCA Civ 8 (19 December 1994)

Wheeler v JJ Saunders Ltd [1994] EWCA Civ 8 (19 December 1994)

No implied right of way existed over the south entrance as it was not necessary for reasonable enjoyment and the fencing covenant excluded such implication; planning permission for the Trowbridge houses did not preclude liability in nuisance as it did not change the character of the neighbourhood and did not amount...

Source-derived case information.

Citation
[1994] EWCA Civ 8
Parties
Plaintiffs: Dr. Wheeler and Mrs. Wheeler; First Defendant: J. J. Saunders Limited; Second Defendant: Kingsdown Farm Limited; Defendants: Trustees of the pension fund (third, fifth, sixth and seventh defendants)
Jurisdiction
England and Wales
Judgment Date
19 December 1994
Procedural Posture
Appeal / Judgment of Court of Appeal
Outcome
Appeal allowed in part and dismissed in part.
Legal Topics
Easements, Nuisance, Planning Permission, Statutory Authority, Implied Rights of Way
Property Law Tort Law Planning Law Easements Nuisance Planning Permission Statutory Authority Implied Rights of Way

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Parties

Dr. Wheeler and Mrs. Wheeler

Plaintiffs

J. J. Saunders Limited

First Defendant

Kingsdown Farm Limited

Second Defendant

Trustees of the pension fund (third, fifth, sixth and seventh defendants)

Defendants

Procedural Posture

Appeal / Judgment of Court of Appeal

Legal Issues

  1. 1 Whether an implied right of way existed over the south entrance under the rule in Wheeldon v. Burrows
  2. 2 Whether planning permission for pig houses precluded liability in nuisance for smell

Ratio Decidendi

No implied right of way existed over the south entrance as it was not necessary for reasonable enjoyment and the fencing covenant excluded such implication; planning permission for the Trowbridge houses did not preclude liability in nuisance as it did not change the character of the neighbourhood and did not amount to statutory authority.

Court Disposition

Appeal allowed in part and dismissed in part.

Orders

  • Mandatory injunction to remove the wall at the south entrance discharged.
  • Order for £500 damages for obstruction of right of way set aside.