Dewan & Ors v Lewis

Dewan & Ors v Lewis

The right of way acquired by prescription is limited to the uses actually established during the relevant period (1986-2006), which did not include driving stock. Therefore, the right does not extend to driving cattle, as this would be a more onerous use not acquiesced in by the servient owners.

Parties
Appellants: Dewan & Others; Respondent: Lewis
Jurisdiction
England and Wales
Judgment Date
09 December 2010
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment
Outcome
Appeal allowed
Legal Topics
Easements, Prescription, Right of Way, Scope of Easements
Property Law Easements Prescription Right of Way Scope of Easements

Case Brief

Summary, issues, holding and outcome

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Parties

Dewan & Others

Appellants

Lewis

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial 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 tenement.

Ratio Decidendi

The right of way acquired by prescription is limited to the uses actually established during the relevant period (1986-2006), which did not include driving stock. Therefore, the right does not extend to driving cattle, as this would be a more onerous use not acquiesced in by the servient owners.

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.