Bramwell & Ors v Robinson [2016] EWHC B26 (Ch) (21 October 2016)

Bramwell & Ors v Robinson [2016] EWHC B26 (Ch) (21 October 2016)

The prescriptive right of way is limited to the track itself, with a right to pass at PP2 only. No time or weight restrictions apply. Defendant's conduct constituted actionable interference and harassment. Most speed bumps and certain wooden posts must be removed. Gates must be left open except in emergency or until cattle grid is repaired. Damages awarded for loss of rent and distress. Counterclaim for excessive user dismissed.

Citation
[2016] EWHC B26 (Ch)
Parties
Claimant: Peter Bramwell; Claimant: Gwendoline Mabel Bramwell; Claimant: Low Meadows Equestrian Centre Limited; Defendant: Peter Robinson
Jurisdiction
England and Wales
Judgment Date
21 October 2016
Procedural Posture
Right of Way Dispute / Final Judgment
Outcome
Claim allowed in part; counterclaim dismissed.
Legal Topics
Prescriptive Easements, Interference With Right of Way, Harassment, Damages, Counterclaim
Property Law Easements Nuisance Prescriptive Easements Interference With Right of Way Harassment Damages Counterclaim

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Parties

Peter Bramwell

Claimant

Gwendoline Mabel Bramwell

Claimant

Low Meadows Equestrian Centre Limited

Claimant

Peter Robinson

Defendant

Procedural Posture

Right of Way Dispute / Final Judgment

Legal Issues

  1. 1 Extent of prescriptive right of way
  2. 2 Interference with right of way
  3. 3 Harassment

Ratio Decidendi

The prescriptive right of way is limited to the track itself, with a right to pass at PP2 only. No time or weight restrictions apply. Defendant's conduct constituted actionable interference and harassment. Most speed bumps and certain wooden posts must be removed. Gates must be left open except in emergency or until cattle grid is repaired. Damages awarded for loss of rent and distress. Counterclaim for excessive user dismissed.

Court Disposition

Claim allowed in part; counterclaim dismissed.

Orders

  • Defendant must remove all speed bumps except five specified locations.
  • Defendant must remove wooden posts WP22–WP25.