Emmett v Sisson

Emmett v Sisson

The respondents’ right of way, as granted by the conveyance, entitles them to access their land at any point along the boundary with the Driveway Land. The proposed wall, even with a single vehicular access, would constitute an actionable interference with this right, as it would substantially restrict both vehicular and pedestrian access and deprive the respondents of the convenience and extent of the right granted.

Parties
Appellant: Emmett; Respondent: Sisson
Jurisdiction
England and Wales
Judgment Date
03 February 2014
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Right of Way, Easement Interference, Construction of Conveyance, Actionable Interference
Property Law Easements Right of Way Easement Interference Construction of Conveyance Actionable Interference

Case Brief

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Parties

Emmett

Appellant

Sisson

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 What is the physical extent of the respondents’ right of way over the Driveway Land?
  2. 2 Does the proposed wall constitute an actionable interference with the respondents’ right of way?

Ratio Decidendi

The respondents’ right of way, as granted by the conveyance, entitles them to access their land at any point along the boundary with the Driveway Land. The proposed wall, even with a single vehicular access, would constitute an actionable interference with this right, as it would substantially restrict both vehicular and pedestrian access and deprive the respondents of the convenience and extent of the right granted.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The declarations of the trial judge stand: (1) The northern boundary of the accessway is coterminous with the southern boundary of River View Barn; (2) The respondents have a right to access River View Barn from the access way at any point along it.