Hall v Harris & Ors [2012] EWCA Civ 671 (22 May 2012)

Hall v Harris & Ors [2012] EWCA Civ 671 (22 May 2012)

The right of common over Luckwards Hill is exercisable every third year, not annually. Ancillary rights permit vehicle access only when necessary for animal welfare, and weed removal only for noxious or injurious weeds with notice. Access through gates B and C must be allowed during commonable years. Nominal damages only are awarded for removal of hay due to lack of evidence of full crop value.

Citation
[2012] EWCA Civ 671
Parties
Appellant: Mr Colin Hall; Respondent: Gerald Harris; Respondent: Cynthia Harris; Respondent: Shirley Moore
Jurisdiction
England and Wales
Judgment Date
22 May 2012
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; cross-appeal dismissed.
Legal Topics
Rights of Common, Ancillary Rights, Fencing and Access, Damages for Trespass
Property Law Common Land Rights of Common Ancillary Rights Fencing and Access Damages for Trespass

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 3 Authorities cited 12 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Mr Colin Hall

Appellant

Gerald Harris

Respondent

Cynthia Harris

Respondent

Shirley Moore

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the right of common is exercisable every year or every third year
  2. 2 Scope of ancillary rights including vehicle access and removal of weeds
  3. 3 Entitlement to access Luckwards Hill via specific gates

Ratio Decidendi

The right of common over Luckwards Hill is exercisable every third year, not annually. Ancillary rights permit vehicle access only when necessary for animal welfare, and weed removal only for noxious or injurious weeds with notice. Access through gates B and C must be allowed during commonable years. Nominal damages only are awarded for removal of hay due to lack of evidence of full crop value.

Court Disposition

Appeal allowed in part; cross-appeal dismissed.

Orders

  • Revised declarations substituted for judge's original order regarding ancillary rights, weed removal, and access.
  • Nominal damages of £5 awarded to Mr & Mrs Harris for crop removal.