Siggery & Anor v Bell & Ors

Siggery & Anor v Bell & Ors

The erection of gates and fencing, even under the two gate solution, constitutes substantial interference with the claimants' right of way unless a portion of the northern fence is demolished to allow reasonable access.

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

Summary, issues, holding and outcome

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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 access their land from any point along the trackway
  3. 3 Reasonableness of fencing and gate solutions proposed by the defendants

Ratio Decidendi

The erection of gates and fencing, even under the two gate solution, constitutes substantial interference with the claimants' right of way unless a portion of the northern fence is demolished to allow reasonable access.

Court Disposition

Claim allowed in part

Orders

  • The two gates may remain in place but the portion of the northern fence adjoining the back garden of number 31 and a small portion of number 33 must be demolished.