Dutta & Anor v Hayes

Dutta & Anor v Hayes

The right of way permits use of the track for grazing horses and activities ancillary to grazing, including vehicular access for fodder, vets, and staff, but does not extend to the operation of a stud farm. Use of the track for stud farm purposes constitutes trespass. The Defendant is liable for damages for trespass and must contribute 60% of the repair costs for the track.

Parties
Claimant: Mohit Dutta; Claimant: Amanda Queiroz; Defendant: Thomas Hayes
Jurisdiction
England and Wales
Judgment Date
31 May 2012
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim allowed in part; declaration refused; injunction refused for now; damages awarded; order for contribution to repair costs.
Legal Topics
Easements, Right of Way, Agricultural Use, Trespass, Damages, Injunctions
Property Law Land Law Easements Right of Way Agricultural Use Trespass Damages Injunctions

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Parties

Mohit Dutta

Claimant

Amanda Queiroz

Claimant

Thomas Hayes

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the right of way granted for 'pursuance of the agricultural use of the land' permits use for operating a stud farm
  2. 2 Whether the Defendant's use of the track for stud farm operations constitutes trespass
  3. 3 Appropriate remedy and apportionment of repair costs for the track

Ratio Decidendi

The right of way permits use of the track for grazing horses and activities ancillary to grazing, including vehicular access for fodder, vets, and staff, but does not extend to the operation of a stud farm. Use of the track for stud farm purposes constitutes trespass. The Defendant is liable for damages for trespass and must contribute 60% of the repair costs for the track.

Court Disposition

Claim allowed in part; declaration refused; injunction refused for now; damages awarded; order for contribution to repair costs.

Orders

  • Defendant restrained from using the track for stud farm operations
  • Damages awarded at £100 per calendar month for 25 months for trespass