Heslop v Bishton & Ors

Heslop v Bishton & Ors

The appellant's construction of a wall and pillar constituted a substantial interference with the respondents' right of way. The existence of an alternative route or right of deviation did not extinguish or render non-actionable the original right of way. The District Judge was correct to make declarations as to the subsistence of the right of way and the right of deviation. The appeal is dismissed.

Parties
Appellant: Mr Dudley B Heslop; Respondents: Mr Michael John Bishton and 2 others
Jurisdiction
England and Wales
Judgment Date
20 April 2009
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Easements, Rights of Way, Obstruction of Easement, Remedies for Interference With Easement
Property Law Easements Rights of Way Obstruction of Easement Remedies for Interference With Easement

Case Brief

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Parties

Mr Dudley B Heslop

Appellant

Mr Michael John Bishton and 2 others

Respondents

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the erection of a wall and pillar by the appellant constituted a substantial interference with the respondents' right of way
  2. 2 Whether the existence of an alternative route or right of deviation extinguished or rendered non-actionable the original right of way
  3. 3 Whether the District Judge was correct to make declarations regarding the right of way and right of deviation

Ratio Decidendi

The appellant's construction of a wall and pillar constituted a substantial interference with the respondents' right of way. The existence of an alternative route or right of deviation did not extinguish or render non-actionable the original right of way. The District Judge was correct to make declarations as to the subsistence of the right of way and the right of deviation. The appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Declarations made by the District Judge as to the right of way and right of deviation are upheld.