Excessive Use of a Right of Way
Published January 2010
Bee v. Thompson C/A [November 2009]
Owners of land, over which a neighbour had a right of way, brought proceedings against that neighbour to prevent development of land served by the right of way. The claimants put forward two arguments; firstly that the right of way was restricted to agricultural purposes only, and secondly, that the increased use of the land, from grazing to the site of three houses, exceeded what was reasonably tolerable and would amount to excessive use.
Although the first argument failed (there was nothing in the grant to restrict use of the right of way to agricultural purposes) the Court of Appeal agreed that the increased use of the right of way might amount to an excessive, unreasonable and substantial interference with the claimants’ right to use the right of way or otherwise enjoy the rest of their property.
