Q&A: The extent of a right of way to use vehicles
Question
Is if a neighbour’s stable door opens onto our client’s property, is that trespass, or is there an implied right to open such door?
Answer
Trespass to land is a tort which includes physically entering or remaining on land in the possession of another or placing an object on or projecting over the land in possession of another. The act must be carried out without a licence or consent.
References:
Ellis v Loftus Iron Co [1874] LR 10 CP 10
Trespass extends to any unjustifiable intrusion by one person upon land in the possession of another. Indeed, it has been said that ‘if the defendant place a part of his foot on the plaintiff's land unlawfully, it is in law as much a trespass as if he had walked half a mile on it’ (Ellis v Loftus Iron Co).
It is not clear what loss has been suffered by the opening of the stable door onto the land. However, trespass is actionable even without damage or detriment being suffered.
References:
Gregory v Piper [1829] 109 ER 220Kelsen v Imperial Tobacco Co [1957] 2 QB 334London Borough of Enfield v Outdoor Plus Ltd [2012] EWCA Civ 608
Examples of relatively ‘minor’ acts of trespass may include the following:
- if a defendant has placed something against the claimant’s wall (Gregory v Piper)
- a sign projecting over the claimant’s shop (Kelsen v Imperial Tobacco Co), and
- a hoarding on the land over another (London Borough of Enfield v Outdoor Plus Ltd)
The circumstances explained are likely to amount to a trespass, provided the neighbour has not been given express permission to open the stable door onto the land or acquired an implied right to do so. An implied right may have been acquired in this case by necessity, common intention between the parties or prescription.
For further information, see Practice Notes:
This content was first published on the Lexis Nexis Ask Forum. For more information, please contact Emma Preece.
Our thinking
Young Rural Professionals Networking Evening
Join us and like-minded individuals for our Young Rural Professionals Networking Evening.
Mark Howard
Charles Russell Speechlys advises Content+Cloud on the acquisition of award-winning service provider Azzure IT
Content+Cloud continues its growth journey, this is our 7th successful transaction for them.
Sarah Keens
Being Green - The Struggle for Power
Everything you need to know about Green Leases
Samuel Lear
Queen’s Speech – How the Government intends to strike a balance in the Private Rented Sector
Rose Carey
Is the UK open for business? A discussion with the Home Office
We hosted an immigration webinar with the policymakers from the Home Office.
Louise Ward
Louise Ward writes for EG on what UK investors can gain from an overseas life sciences partner
What UK investors can gain from an overseas life sciences partner
Sonia Kenawy
Sonia Kenawy writes for New Law Journal on cryptocurrency and security for costs
Sonia Kenawy writes for New Law Journal on cryptocurrency and security for costs
Amy Shuttleworth
Materialism in the metaverse: high street, meet blockchain
David Haines
New Arbitration Scheme for Commercial Arrears goes live
Everything you need to know about the new Arbitration Scheme for Commercial Arrears
Charlotte Healy
Charlotte Healy and Katie Bewick write for Pharmacy Business on expert determination
Charlotte Healy and Katie Bewick write for Pharmacy Business on expert determination
Pei Li Kew
Pei Li Kew writes for Pharmacy Business on the link between pharmacy and IP
Pei Li Kew writes for Pharmacy Business on the link between pharmacy and IP
Charlotte Duly
Charlotte Duly writes for CITMA Review on the China Tang trade mark infringement case
Charlotte Duly writes for CITMA Review on the China Tang trade mark infringement case
Celine Jones
Levelling up or a barrier to house building?
Mark Howard
Charles Russell Speechlys advises Acora on its acquisition of Secrutiny
Charles Russell Speechlys advises Acora on its acquisition of Secrutiny
Oliver Park
Building Safety Act 2022
Everything you need to know about the Building Safety Act 2022
Jonathan McDonald
Jonathan McDonald provides comment for City AM on the Data Reform Bill announced in the Queen's Speech
Jonathan McDonald provides comment for City AM on the Data Reform Bill announced in the Queen's Speech
Claire Fallows
CoStar quotes Claire Fallows on the new infrastructure levy announced in the Queen's Speech
CoStar quotes Claire Fallows on the new infrastructure levy announced in the Queen's Speech
Nick White
Charles Russell Speechlys advises Symphony Holdings Limited on the sale of its PONY trade mark portfolio for USD $28 million
Charles Russell Speechlys advises Symphony Holdings Limited on the sale of its PONY trade mark portfolio for USD $28 million.
Hope Wilson
Hope Wilson writes for the EG Legal Q&A on qualifying criteria
Hope Wilson writes for the EG Legal Q&A on qualifying criteria
Simon Ridpath
Simon Ridpath featured in the Lawyer’s Hot 100 list
Simon Ridpath features in The Lawyer’s Hot 100 list