Patterson & Anor v Shaw & Anor [2017] NICh 12 (4 April 2017)

Patterson & Anor v Shaw & Anor [2017] NICh 12 (4 April 2017)

The County Court Judge lacked jurisdiction to order reinstatement of the right of way due to absence of a valid originating application; even if jurisdiction existed, there was no evidence of substantial interference or disturbance, and the old right of way has been improved.

Citation
[2017] NICh 12
Parties
Plaintiff/appellant: Lawrence Patterson; Plaintiff/appellant: David Smyth; Defendant/respondent: Robert James Shaw; Defendant/respondent: Deirdre Kathleen Shaw
Jurisdiction
Northern Ireland
Judgment Date
04 April 2017
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Right of Way, Easements, Jurisdiction, Disturbance of Easement, Land Registry Mapping
Property Law Civil Procedure Right of Way Easements Jurisdiction Disturbance of Easement Land Registry Mapping

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Parties

Lawrence Patterson

Plaintiff/appellant

David Smyth

Plaintiff/appellant

Robert James Shaw

Defendant/respondent

Deirdre Kathleen Shaw

Defendant/respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Did the County Court have jurisdiction to order reinstatement of the right of way?
  2. 2 Was there a substantial interference or disturbance of the old right of way?

Ratio Decidendi

The County Court Judge lacked jurisdiction to order reinstatement of the right of way due to absence of a valid originating application; even if jurisdiction existed, there was no evidence of substantial interference or disturbance, and the old right of way has been improved.

Court Disposition

Appeal allowed

Orders

  • County Court order requiring reinstatement of right of way set aside
  • No costs or damages awarded