Besley v John [2003] EWCA Civ 1737 (29 October 2003)

Besley v John [2003] EWCA Civ 1737 (29 October 2003)

The right of common of pasture does not include an ancillary right to bring feed onto the land, as the right is limited to grazing on the grass naturally growing on the common. However, the right to attend to the welfare of sheep is an incident of the right of pasture and may, in modern circumstances, be exercised by vehicle where reasonably necessary, provided such use is reasonable and does not cause unnecessary interference or damage to the landowner's interests. The expansion and mowing of the golf course did not materially interfere with the appellant's grazing rights.

Citation
[2003] EWCA Civ 1737
Parties
Respondent/claimant: Besley; Appellant/defendant: John
Jurisdiction
England and Wales
Judgment Date
29 October 2003
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed in part
Legal Topics
Rights of Common, Ancillary Rights, Grazing Rights, Use of Vehicles on Common Land, Interference With Rights of Common
Property Law Rights of Common Ancillary Rights Grazing Rights Use of Vehicles on Common Land Interference With Rights of Common

Case Brief

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Parties

Besley

Respondent/claimant

John

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the right of common of pasture includes an ancillary right to bring feed onto the land.
  2. 2 Whether the right of common of pasture includes an ancillary right to use vehicles for general shepherding purposes.
  3. 3 Whether the expansion and mowing of the golf course unreasonably interfered with the appellant's grazing rights.

Ratio Decidendi

The right of common of pasture does not include an ancillary right to bring feed onto the land, as the right is limited to grazing on the grass naturally growing on the common. However, the right to attend to the welfare of sheep is an incident of the right of pasture and may, in modern circumstances, be exercised by vehicle where reasonably necessary, provided such use is reasonable and does not cause unnecessary interference or damage to the landowner's interests. The expansion and mowing of the golf course did not materially interfere with the appellant's grazing rights.

Court Disposition

Appeal allowed in part

Orders

  • Declaration that the right of common of pasture does not include the right to bring feed onto the land.
  • Declaration that the use of vehicles for general shepherding purposes may be permissible if reasonably necessary for the welfare of sheep, subject to reasonable limitations to protect the landowner's interests.