Easements - Rights Of Way

Maioriello and others v Ashdale Land and Property Company Limited [2011] EWCA Civ 1618

Summary

The Court of Appeal has held that the Court should not allow a servient owner to prevent – without time limit - the lawful use of a right of way by one dominant owner in order to stop excessive and unlawful use of the easement by others. The Court therefore held that the terms of an injunction made against the Appellant should be modified.

Facts

The Respondent (and originally Claimant) in this case ("Ashdale") owned land in Ripley, Surrey, which included an access road to a large field owned by the various original Defendants. The field has the benefit of a right of way over Ashdale's access road "for agricultural purposes only with or without vehicles, farm machinery and animals".

In 2009, steps were taken to convert the field into a large traveller site which involved lorries, trailers, vans, caravans and construction equipment passing along Ashdale's road by day and night. Various interim injunctions were granted to Ashdale which proved to be ineffective in preventing the continued unlawful use of the road and...