Ashdale Land and Property Company Ltd v Maioriello & Ors

Ashdale Land and Property Company Ltd v Maioriello & Ors

Complete obstruction of access is justified as the only effective remedy to prevent repeated trespass and damage, given the Defendants’ persistent breach of court orders and lack of genuine agricultural use. Injunctive relief alone is insufficient and impracticable to enforce.

Parties
Claimant: Ashdale Land and Property Company Limited; 1st Defendant: Girolomo Maioriello; 2nd Defendant: Anne Purcell; 3rd Defendant: Jeanette Rose Sammon; 4th Defendant: Margaret Mary Elizabeth Hanrahan; 5th Defendant: Eileen Doran; 6th Defendant: Mary Jane Stevens; 7th Defendant: Persons unknown using the access road running through West End Cottages, Ripley, Surrey for non-agricultural purposes in connection with the land registered or formerly registered at HM Land Registry under the title numbers SY653508, SY755311, SY755312, SY774566, SY778334 and SY777938; 8th Defendant: Miles Rooney; 9th Defendant: James Hanrahan; 10th Defendant: Mary Jeanette Doran; 11th Defendant: Mary Doran; 12th Defendant: Felix Cash
Jurisdiction
England and Wales
Judgment Date
20 December 2010
Procedural Posture
Civil / Final Judgment After Expedited Trial
Outcome
Declaration granted in favour of Ashdale; injunction and order for obstruction of all access to Defendants’ land via the road.
Legal Topics
Easements, Trespass, Injunctions, Declaratory Relief, Planning Permission
Property Law Civil Procedure Easements Trespass Injunctions Declaratory Relief Planning Permission

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Parties

Ashdale Land and Property Company Limited

Claimant

Girolomo Maioriello

1st Defendant

Anne Purcell

2nd Defendant

Jeanette Rose Sammon

3rd Defendant

Margaret Mary Elizabeth Hanrahan

4th Defendant

Eileen Doran

5th Defendant

Mary Jane Stevens

6th Defendant

Persons unknown using the access road running through West End Cottages, Ripley, Surrey for non-agricultural purposes in connection with the land registered or formerly registered at HM Land Registry under the title numbers SY653508, SY755311, SY755312, SY774566, SY778334 and SY777938

7th Defendant

Miles Rooney

8th Defendant

James Hanrahan

9th Defendant

Mary Jeanette Doran

10th Defendant

Mary Doran

11th Defendant

Felix Cash

12th Defendant

Procedural Posture

Civil / Final Judgment After Expedited Trial

Legal Issues

  1. 1 Whether Ashdale is entitled to obstruct all access to the Defendants’ land via the access road
  2. 2 Whether injunctive relief is sufficient to prevent repeated trespass
  3. 3 Whether the Defendants’ use of the road exceeded the permitted agricultural purpose

Ratio Decidendi

Complete obstruction of access is justified as the only effective remedy to prevent repeated trespass and damage, given the Defendants’ persistent breach of court orders and lack of genuine agricultural use. Injunctive relief alone is insufficient and impracticable to enforce.

Court Disposition

Declaration granted in favour of Ashdale; injunction and order for obstruction of all access to Defendants’ land via the road.

Orders

  • Declaration that Ashdale is entitled to obstruct all access to the Defendants’ land via the road.
  • Injunction restraining Defendants from entering or passing along the road for any purpose.