England Environmental (Northern) Ltd & Anor v Arthur Jones & Sons (Contractors) Ltd

England Environmental (Northern) Ltd & Anor v Arthur Jones & Sons (Contractors) Ltd

Number 75 has acquired a right of way over the Lane by virtue of more than 20 years' continuous, peaceable, open, and non-permissive use, satisfying the doctrine of lost modern grant. Encroachments by Number 75 onto Number 73 are established, but removal is only ordered for the pier and gates at the Gateway, not for...

Source-derived case information.

Parties
Claimant: England Environmental (Northern) Limited; Claimant: Glamorgan Law LLP; Defendant: Arthur Jones & Sons (Contractors) Limited
Jurisdiction
England and Wales
Judgment Date
26 July 2017
Procedural Posture
Civil / Judgment
Outcome
Declaratory and injunctive relief granted to claimants; modest damages awarded. Injunctive relief and damages granted to defendant for encroachments.
Legal Topics
Right of Way, Doctrine of Lost Modern Grant, Encroachment, Damages
Property Law Easements Right of Way Doctrine of Lost Modern Grant Encroachment Damages

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Parties

England Environmental (Northern) Limited

Claimant

Glamorgan Law LLP

Claimant

Arthur Jones & Sons (Contractors) Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Number 75 has the benefit of a right of way over the Lane on Number 73's land
  2. 2 Whether Arthur Jones is entitled to relief for encroachments by buildings from Number 75 onto Number 73

Ratio Decidendi

Number 75 has acquired a right of way over the Lane by virtue of more than 20 years' continuous, peaceable, open, and non-permissive use, satisfying the doctrine of lost modern grant. Encroachments by Number 75 onto Number 73 are established, but removal is only ordered for the pier and gates at the Gateway, not for the buildings, due to proportionality.

Court Disposition

Declaratory and injunctive relief granted to claimants; modest damages awarded. Injunctive relief and damages granted to defendant for encroachments.

Orders

  • Declaration that Number 75 has a right of way over the Lane.
  • Injunction restraining interference with the right of way.