Worth v Turner & Anor [2004] EWHC 1096 (Ch) (04 May 2004)

Worth v Turner & Anor [2004] EWHC 1096 (Ch) (04 May 2004)

The claimant has an express right of way over Fort Road between Points B and C to a width of 3.81 metres (12 foot 6 inches) from the identified boundary line. The right does not extend over 'the V'. The defendants' works, including posts and kerb, unlawfully interfere with the claimant's right of way to this width. The claimant is entitled to declaratory and injunctive relief to protect her right of way.

Citation
[2004] EWHC 1096 (Ch)
Parties
Claimant: Rosemary Worth; Defendant: John Frederick Turner; Defendant: Carole Sandra Turner
Jurisdiction
England and Wales
Judgment Date
04 May 2004
Procedural Posture
Chancery Civil Claim / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Right of Way, Express Grant, Prescription, Interference With Easement
Property Law Easements Right of Way Express Grant Prescription Interference With Easement

Case Brief

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Parties

Rosemary Worth

Claimant

John Frederick Turner

Defendant

Carole Sandra Turner

Defendant

Procedural Posture

Chancery Civil Claim / Judgment After Trial

Legal Issues

  1. 1 What is the width and extent of the claimant's right of way over Fort Road between Points B and C?
  2. 2 Does the right of way extend over the area known as 'the V'?
  3. 3 Have the defendants' works interfered with the claimant's right of way?

Ratio Decidendi

The claimant has an express right of way over Fort Road between Points B and C to a width of 3.81 metres (12 foot 6 inches) from the identified boundary line. The right does not extend over 'the V'. The defendants' works, including posts and kerb, unlawfully interfere with the claimant's right of way to this width. The claimant is entitled to declaratory and injunctive relief to protect her right of way.

Court Disposition

Claim allowed

Orders

  • Declaration that the claimant has a right of way over Fort Road between Points B and C to a width of 3.81 metres from the identified boundary line.
  • Mandatory injunction requiring removal of posts and kerb interfering with the right of way within this width.