Dewan & Ors v Lewis [2010] EWCA Civ 1382 (09 December 2010)

Dewan & Ors v Lewis [2010] EWCA Civ 1382 (09 December 2010)

A prescriptive right of way for agricultural purposes does not extend to driving stock where there is no evidence of such use during the relevant period; the servient owner is not to be burdened with a more onerous use than that acquiesced in.

Source-derived case information.

Citation
[2010] EWCA Civ 1382
Parties
Appellant: Dewan & Others; Respondent: Lewis
Jurisdiction
England and Wales
Judgment Date
09 December 2010
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed
Legal Topics
Prescriptive Easements, Scope of Right of Way, Agricultural Use, Driving Stock
Property Law Easements Prescriptive Easements Scope of Right of Way Agricultural Use Driving Stock

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Parties

Dewan & Others

Appellant

Lewis

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether a prescriptive right of way for agricultural purposes includes the right to drive stock (cattle) over the servient land.

Ratio Decidendi

A prescriptive right of way for agricultural purposes does not extend to driving stock where there is no evidence of such use during the relevant period; the servient owner is not to be burdened with a more onerous use than that acquiesced in.

Court Disposition

Appeal allowed

Orders

  • Declaration amended to exclude the right to drive stock: the right of way is for agricultural purposes with or without animals (except for the purpose of driving stock) and with or without vehicles.