21 Jan 2010
HANDFORTH V KOKOMOKO FARMS LIMITED HC NAP CIV 2009-441-000477
- Citation
- openlaw-096af313_a76a_479d_91ee_885e72b85e81.pdf
- Court
- High Court
The Court upheld a broad construction of the Easement Certificate and Seventh Schedule/Land Transfer Act language, holding the easement conferred rights to use the whole area of land shown (including movement of livestock, loading/unloading, parking and turning), that the side gates and loading race were lawful points of access, and that the appellants' post-and-rail fences and signs constituted a substantial interference with those rights; accordingly the District Court's orders requiring removal of the fences and signs and awarding compensatory and exemplary damages were upheld, but the Hig…