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 right of way, properly construed, permits use by the dominant landowner and successors for all purposes in connection with the stabling, keeping, and grazing of horses (the present use at the time of grant), as well as any future agricultural use. The wording of the grant and the parties' convention at the time of transfer support this construction. The estoppel argument fails as there was no actionable representation beyond the contract terms.

Citation
[2005] EWHC 2229 (QB)
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 / First Instance Judgment After Split Trial on Construction of Right of Way
Outcome
Claimant's claim for restrictive declaration and injunction dismissed; declaration granted in favour of Defendant's construction of right of way.
Legal Topics
Easements, Right of Way, Land Use, Interpretation of Deeds, Proprietary Estoppel
Property Law Easements Right of Way Land Use Interpretation of Deeds Proprietary Estoppel

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Gainsborough-Field

Claimant

Hyde

First Defendant

Anna Kennerley

Second Defendant

Jo Ruddy

Third Defendant

Marie Asquith

Fourth Defendant

Procedural Posture

Civil / First Instance Judgment After Split Trial on Construction of Right of Way

Legal Issues

  1. 1 Whether the right of way granted in the 1995 transfer permits access for equestrian activities (stabling, grazing, keeping horses for recreational use) as opposed to strictly agricultural use.
  2. 2 Whether the grantor or successors are estopped from denying such use.

Ratio Decidendi

The right of way, properly construed, permits use by the dominant landowner and successors for all purposes in connection with the stabling, keeping, and grazing of horses (the present use at the time of grant), as well as any future agricultural use. The wording of the grant and the parties' convention at the time of transfer support this construction. The estoppel argument fails as there was no actionable representation beyond the contract terms.

Court Disposition

Claimant's claim for restrictive declaration and injunction dismissed; declaration granted in favour of Defendant's construction of right of way.

Orders

  • Declaration that the right of way permits use for stabling, keeping, and grazing of horses and any future agricultural use.
  • Claimant's application for injunction and restrictive declaration refused.