Neighbour trouble
Some neighbours are friendlier than others.
In the recent case of Bramwell & Anr v Robinson, an equestrian couple who were harassed by a farmer who flouted their right of way across his land, won an injunction and thousands of pounds in damages.
The couple ran an equestrian centre and riding school from their home, which was accessed along a track, most of which crossed the farmer’s land. He had embarked upon a campaign to make their exercise of their right of way as inconvenient as possible. That included erecting three gates along the track, insisting that two of them remain shut at all times, and putting more than a dozen speed bumps in place.
The farmer argued that the couple had made excessive use of the right of way, that the volume of traffic using the track had greatly increased since their arrival in the area and that their visitors, sometimes driving heavy lorries, tended to speed along the track at anti-social hours with loud music blaring.
In ruling on the dispute, a judge concluded that the couple’s right of way was confined largely to the track itself and did not include its verges.
However, he found that the farmer had jumped out at their visitors and behaved aggressively towards them. He had deliberately driven his tractor at very low speed along the track, effectively blocking it, and his insistence that the gates remain permanently shut was an 'example of cussedness'.
In issuing the injunction to prevent further harassment of the couple or their visitors, the judge found that the farmer’s behaviour had been totally unacceptable and unreasonable. He was, amongst other things, ordered to remove all but five of the speed bumps and to keep the gates open, save in emergencies.
He was also ordered to pay the couple £4,800 in damages, primarily to compensate them for the inconvenience, stress and anxiety that he had caused them.
You can read the original article here.
[edit] Related articles on Designing Buildings
Featured articles and news
International Electrician Day, 10 June 2025
Celebrating the role of electrical engineers from André-Marie Amperè, today and for the future.
New guide for clients launched at Houses of Parliament
'There has never been a more important time for clients to step up and ...ask the right questions'
The impact of recycled slate tiles
Innovation across the decades.
EPC changes for existing buildings
Changes and their context as the new RdSAP methodology comes into use from 15 June.
Skills England publishes Sector skills needs assessments
Priority areas relating to the built environment highlighted and described in brief.
BSRIA HVAC Market Watch - May 2025 Edition
Heat Pump Market Outlook: Policy, Performance & Refrigerant Trends for 2025–2028.
Committing to EDI in construction with CIOB
Built Environment professional bodies deepen commitment to EDI with two new signatories: CIAT and CICES.
Government Grenfell progress report at a glance
Line by line recomendation overview, with links to more details.
An engaging and lively review of his professional life.
Sustainable heating for listed buildings
A problem that needs to be approached intelligently.
50th Golden anniversary ECA Edmundson apprentice award
Deadline for entries has been extended to Friday 27 June, so don't miss out!
CIAT at the London Festival of Architecture
Designing for Everyone: Breaking Barriers in Inclusive Architecture.
Mixed reactions to apprenticeship and skills reform 2025
A 'welcome shift' for some and a 'backwards step' for others.
Licensing construction in the UK
As the latest report and proposal to licence builders reaches Parliament.
Building Safety Alliance golden thread guidance
Extensive excel checklist of information with guidance document freely accessible.
Fair Payment Code and other payment initiatives
For fair and late payments, need to work together to add value.
Pre-planning delivery programmes and delay penalties
Proposed for housebuilders in government reform: Speeding Up Build Out.
High street health: converting a building for healthcare uses
The benefits of health centres acting as new anchor sites in the high street.