Worth v Turner & Anor

Worth v Turner & Anor

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 north-east boundary, and has acquired by prescription a right of way over the area known as 'the V'. The defendants' works, specifically the placement of posts, gates, and kerb, have caused substantial interference with these rights, justifying declaratory and injunctive relief.

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

Case Brief

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Parties

Rosemary Worth

Claimant

John Frederick Turner

Defendant

Carole Sandra Turner

Defendant

Procedural Posture

Civil / 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 claimant have a right of way over the area known as 'the V'?
  3. 3 Have the defendants' works constituted actionable interference 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 north-east boundary, and has acquired by prescription a right of way over the area known as 'the V'. The defendants' works, specifically the placement of posts, gates, and kerb, have caused substantial interference with these rights, justifying declaratory and injunctive relief.

Court Disposition

Claim allowed

Orders

  • Declaration of the extent of the claimant's right of way over Fort Road and 'the V'
  • Mandatory injunctions requiring removal of works interfering with the right of way