Hall v Harris & Ors

Hall v Harris & Ors

Mr Hall's right of common is exercisable every third year, not annually, based on historical evidence and custom. Ancillary rights include bringing vehicles onto the land only if necessary for animal welfare, and the right to remove noxious weeds with notice. Mr Hall is entitled to access Luckwards Hill through gates B and C and two gates between the portions of the common. Damages for removal of hay are limited to nominal damages due to lack of evidence of actual loss.

Parties
Appellant: Mr Colin Hall; Respondent: Gerald Harris; Respondent: Mrs Cynthia Harris; Respondent: Mrs 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, Grazing Rights, Ancillary Rights, Access to Common Land, Damages for Trespass
Property Law Rights of Common Grazing Rights Ancillary Rights Access to Common Land Damages for Trespass

Case Brief

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Parties

Mr Colin Hall

Appellant

Gerald Harris

Respondent

Mrs Cynthia Harris

Respondent

Mrs Shirley Moore

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Mr Hall's right of common is exercisable every year or only one year in three
  2. 2 Scope of ancillary rights (use of vehicles, cutting/removal of weeds)
  3. 3 Entitlement to access Luckwards Hill via specific gates

Ratio Decidendi

Mr Hall's right of common is exercisable every third year, not annually, based on historical evidence and custom. Ancillary rights include bringing vehicles onto the land only if necessary for animal welfare, and the right to remove noxious weeds with notice. Mr Hall is entitled to access Luckwards Hill through gates B and C and two gates between the portions of the common. Damages for removal of hay are limited to nominal damages due to lack of evidence of actual loss.

Court Disposition

Appeal allowed in part; cross-appeal dismissed

Orders

  • Revised declarations substituted regarding ancillary rights, weed removal, and access through gates B and C and two gates between portions of the common
  • Nominal damages of £5 awarded to Mr & Mrs Harris for removal of hay