Siggery & Anor v Bell & Ors [2007] EWHC 2167 (Ch) (03 July 2007)

Siggery & Anor v Bell & Ors [2007] EWHC 2167 (Ch) (03 July 2007)

Both the four gate and two gate solutions proposed by the defendants constituted actionable interference with the claimants' right of way. The only reasonable solution is to retain the two gates but demolish the portion of the northern fence abutting the claimants' land to allow reasonable access.

Citation
[2007] EWHC 2167 (Ch)
Parties
Claimant: Siggery & Another; Defendant: Bell & Others
Jurisdiction
England and Wales
Judgment Date
03 July 2007
Procedural Posture
Civil / Judgment
Outcome
Claim allowed in part
Legal Topics
Right of Way, Easements, Substantial Interference, Reasonableness of Access
Property Law Right of Way Easements Substantial Interference Reasonableness of Access

Case Brief

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Parties

Siggery & Another

Claimant

Bell & Others

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the erection of gates and fencing constitutes substantial interference with the claimants' right of way
  2. 2 Whether the claimants are entitled to reasonable access to their land from the trackway

Ratio Decidendi

Both the four gate and two gate solutions proposed by the defendants constituted actionable interference with the claimants' right of way. The only reasonable solution is to retain the two gates but demolish the portion of the northern fence abutting the claimants' land to allow reasonable access.

Court Disposition

Claim allowed in part

Orders

  • Two gates to remain in place
  • Portion of the northern fence abutting the back garden of number 31 and part of number 33 to be demolished