Higson & Anor v Guenault & Anor

Higson & Anor v Guenault & Anor

The original 1921 conveyance conveyed the lane to the Borough council, reserving a right of way to the Wellhouse Estate. The boundary between the lane and 11 Barton Road was created by the 1997 conveyance, and the physical extent of the right of way is up to the hedge on the south side of the lane. The 2004 fence constituted a substantial interference with the Club's right of way. The Club is entitled to a mandatory injunction for removal of the fence panels and damages for the costs of widening the bridge.

Parties
Appellant: Higson & another; Respondent: Guenault & another
Jurisdiction
England and Wales
Judgment Date
21 May 2014
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Boundary Disputes, Right of Way, Trespass, Nuisance, Injunctions, Damages
Property Law Easements Land Law Boundary Disputes Right of Way Trespass Nuisance Injunctions +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Higson & another

Appellant

Guenault & another

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 What is the correct boundary between the parties' properties?
  2. 2 What is the physical extent of the right of way reserved by the 1921 conveyance?
  3. 3 Did the 2004 fence constitute a substantial interference with the Club's right of way?

Ratio Decidendi

The original 1921 conveyance conveyed the lane to the Borough council, reserving a right of way to the Wellhouse Estate. The boundary between the lane and 11 Barton Road was created by the 1997 conveyance, and the physical extent of the right of way is up to the hedge on the south side of the lane. The 2004 fence constituted a substantial interference with the Club's right of way. The Club is entitled to a mandatory injunction for removal of the fence panels and damages for the costs of widening the bridge.

Court Disposition

Appeal dismissed

Orders

  • Declaration that prior to registration the Club enjoyed a right of way up to the outside of the existing hedge; after registration, the boundary follows the same line.
  • Mandatory injunction requiring Higsons to remove six fence panels as ordered.