Loder v Gaden & Ors [1999] EWCA Civ 1998 (28 July 1999)

Loder v Gaden & Ors [1999] EWCA Civ 1998 (28 July 1999)

The right of way is limited to the established track and to agricultural use as historically enjoyed; there is no evidence of broader, residential, or haulage business use, and the judge's findings of fact and law are upheld.

Citation
[1999] EWCA Civ 1998
Parties
Appellant Defendants: Mr and Mrs Gaden; Respondent: Mrs Loder
Jurisdiction
England and Wales
Judgment Date
28 July 1999
Procedural Posture
Civil Appeal / Appeal Judgment After Remittal for Further Argument on Specific Issues
Outcome
Appeal dismissed
Legal Topics
Right of Way, Prescriptive Easements, Lost Modern Grant, Extent of Easement, Change of Use, Prescription Act 1832
Property Law Easements Right of Way Prescriptive Easements Lost Modern Grant Extent of Easement Change of Use Prescription Act 1832

Case Brief

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Parties

Mr and Mrs Gaden

Appellant Defendants

Mrs Loder

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment After Remittal for Further Argument on Specific Issues

Legal Issues

  1. 1 Whether the right of way extends over the whole width of Sydenham Lane
  2. 2 Whether the right of way includes domestic/residential use
  3. 3 Whether the right of way includes use for a haulage business

Ratio Decidendi

The right of way is limited to the established track and to agricultural use as historically enjoyed; there is no evidence of broader, residential, or haulage business use, and the judge's findings of fact and law are upheld.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Leave to appeal to House of Lords refused