Besley v John

Besley v John

The right of common of grazing does not include the right to bring feed onto the land, as the right is limited to what the sheep can eat from the grass growing on the common. However, the right to attend to the welfare of the sheep is an incident of the right of common, and in modern circumstances, this may include the use of vehicles for shepherding and welfare purposes, 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 Mr John's grazing rights.

Parties
Respondent/claimant: Besley; Appellant/defendant: John
Jurisdiction
England and Wales
Judgment Date
29 October 2003
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Rights of Common, Grazing Rights, Ancillary Rights, Reasonable Use of Land, Interference With Rights of Common
Property Law Land Law Rights of Common Grazing Rights Ancillary Rights Reasonable Use of Land Interference With Rights of Common

Case Brief

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Parties

Besley

Respondent/claimant

John

Appellant/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

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

Ratio Decidendi

The right of common of grazing does not include the right to bring feed onto the land, as the right is limited to what the sheep can eat from the grass growing on the common. However, the right to attend to the welfare of the sheep is an incident of the right of common, and in modern circumstances, this may include the use of vehicles for shepherding and welfare purposes, 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 Mr John's grazing rights.

Court Disposition

Appeal allowed in part

Orders

  • Parties to agree and submit an appropriate order regulating vehicle use for shepherding and welfare purposes, subject to court approval
  • Appellant to pay two-thirds of respondent's costs in the Court of Appeal and two-thirds of costs in the court below