McGill v Stewart & Anor (land - rights of way - neighbours - private motor vehicles)

McGill v Stewart & Anor (land - rights of way - neighbours - private motor vehicles)

The right of way permits access by vehicles for purposes necessary for the use and maintenance of the dwelling as a private residence, including deliveries, tradespeople, visitors, and essential services, but does not extend to substantial construction or improvement works unless agreed with neighbours. Physical limits restrict vehicles to a maximum width of 2.6m and laden weight of 10 tons.

Parties
Claimant: Christopher Charles McGill; Defendant: Ray Taisho Stewart; Defendant: Emma Simone Stewart
Jurisdiction
England and Wales
Judgment Date
08 December 2020
Procedural Posture
Civil / Judgment After Trial
Outcome
Declaratory relief granted; injunction refused; damages not determined.
Legal Topics
Rights of Way, Easements, Trespass, Neighbour Disputes, Construction of Deeds
Property Law Land Law Rights of Way Easements Trespass Neighbour Disputes Construction of Deeds

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Parties

Christopher Charles McGill

Claimant

Ray Taisho Stewart

Defendant

Emma Simone Stewart

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Interpretation of 'private motor vehicles' in a deed granting right of way
  2. 2 Scope of permissible use of a private lane for access to residential property
  3. 3 Whether use of lane by construction vehicles, heavy plant, and HGVs constitutes breach of deed

Ratio Decidendi

The right of way permits access by vehicles for purposes necessary for the use and maintenance of the dwelling as a private residence, including deliveries, tradespeople, visitors, and essential services, but does not extend to substantial construction or improvement works unless agreed with neighbours. Physical limits restrict vehicles to a maximum width of 2.6m and laden weight of 10 tons.

Court Disposition

Declaratory relief granted; injunction refused; damages not determined.

Orders

  • Declaration that the right of way permits access by vehicles for purposes necessary for use and maintenance of the dwelling as a private residence, subject to physical limits of 2.6m width and 10 tons weight.
  • Use of lane for substantial construction or improvement works not permitted without neighbour agreement.