Dutta & Anor v Hayes [2012] EWHC 1727 (Ch) (31 May 2012)

Dutta & Anor v Hayes [2012] EWHC 1727 (Ch) (31 May 2012)

The right of way permits use of the track for grazing horses and associated activities (including vehicular access for grazing, fodder, vets, farriers, suppliers, and staff), but does not extend to use for the operation of a stud farm. The operation of a stud farm falls outside the ordinary, statutory, and conventional meaning of 'agricultural use' as intended by the right of way grant.

Citation
[2012] EWHC 1727 (Ch)
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
Claimants succeed in establishing trespass by the Defendant's use of the track for stud farm operations. Injunction refused for practical reasons; damages awarded. Defendant to contribute 60% of repair costs for the track.
Legal Topics
Right of Way, Interpretation of Easements, Agricultural Use, Trespass, Damages, Injunctions
Property Law Easements Land Law Right of Way Interpretation of Easements Agricultural Use Trespass Damages +1 more

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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' includes 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 remedies for breach of the right of way

Ratio Decidendi

The right of way permits use of the track for grazing horses and associated activities (including vehicular access for grazing, fodder, vets, farriers, suppliers, and staff), but does not extend to use for the operation of a stud farm. The operation of a stud farm falls outside the ordinary, statutory, and conventional meaning of 'agricultural use' as intended by the right of way grant.

Court Disposition

Claimants succeed in establishing trespass by the Defendant's use of the track for stud farm operations. Injunction refused for practical reasons; damages awarded. Defendant to contribute 60% of repair costs for the track.

Orders

  • Declaration refused.
  • Injunction refused at present; Defendant to cease stud farm use of the track after reasonable arrangements.