Lea v Ward

Lea v Ward

The right of way reserved under the 1979 Deed is limited to the width of the physical track as it existed in 1979, being 3.75 metres wide, not the whole width of the Strip. The Heras fencing erected in 2015 and certain physical structures erected from late 2015 to early 2016 amounted to substantial interference with the claimant's right of way. The claimant is entitled to nominal damages for the temporary obstruction by the Heras fencing and general damages for the ongoing interference by the physical structures. A mandatory injunction for removal of the obstructions will be granted unless the defendant provides an equally convenient alternative route and formal right of way. No...

Parties
Claimant: Charles William Michael Lea; Defendant: David Anthony Ward
Jurisdiction
England and Wales
Judgment Date
06 September 2017
Procedural Posture
Civil (chancery) / Judgment After Trial
Outcome
Declarations and orders granted as specified; nominal and general damages awarded; mandatory injunction to be granted unless alternative arrangements are made; no restraining order.
Legal Topics
Right of Way, Nuisance, Interpretation of Deeds, Mandatory Injunctions, Damages for Interference With Easements
Property Law Easements Land Law Right of Way Nuisance Interpretation of Deeds Mandatory Injunctions Damages for Interference With Easements

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Parties

Charles William Michael Lea

Claimant

David Anthony Ward

Defendant

Procedural Posture

Civil (chancery) / Judgment After Trial

Legal Issues

  1. 1 What is the width and location of the right of way under the 1979 Deed?
  2. 2 Was the right of way substantially obstructed by Heras fencing in 2015, constituting a nuisance?
  3. 3 Is the claimant entitled to general damages for nuisance caused by the Heras fencing?

Ratio Decidendi

The right of way reserved under the 1979 Deed is limited to the width of the physical track as it existed in 1979, being 3.75 metres wide, not the whole width of the Strip. The Heras fencing erected in 2015 and certain physical structures erected from late 2015 to early 2016 amounted to substantial interference with the claimant's right of way. The claimant is entitled to nominal damages for the temporary obstruction by the Heras fencing and general damages for the ongoing interference by the physical structures. A mandatory injunction for removal of the obstructions will be granted unless the defendant provides an equally convenient alternative route and formal right of way. No...

Court Disposition

Declarations and orders granted as specified; nominal and general damages awarded; mandatory injunction to be granted unless alternative arrangements are made; no restraining order.

Orders

  • Declaration as to the width and location of the right of way (3.75 metres wide, as specified).
  • Declaration that the Heras fencing between April and 18 September 2015 was a substantial interference with the right of way.