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
The benefits of engaging with insulation manufacturers
When considering ground floor constructions.
Lighting Industry endorses Blueprint for Electrification
The Lighting Industry Association fully supports the ECA Blueprint as a timely, urgent call to action.
BSRIA Sentinel Clerk of Works Training Case Study
Strengthening expertise to enhance service delivery with integrated cutting-edge industry knowledge.
Impact report from the Supply Chain Sustainability School
Free sustainability skills, training and support delivered to thousands of UK companies to help cut carbon.
The Building Safety Forum at the Installershow 2025
With speakers confirmed for 24 June as part of Building Safety Week.
The UK’s largest air pollution campaign.
Future Homes Standard, now includes solar, but what else?
Will the new standard, due to in the Autumn, go far enough in terms of performance ?
BSRIA Briefing: Cleaner Air, Better tomorrow
A look back at issues relating to inside and outside air quality, discussed during the BSRIA briefing in 2023.
Restoring Abbotsford's hothouse
Bringing the writer Walter Scott's garden to life.
Reflections on the spending review with CIAT.
Retired firefighter cycles world to raise Grenfell funds
Leaving on 14 June 2025 Stephen will raise money for youth and schools through the Grenfell Foundation.
Key points for construction at a glance with industry reactions.
Functionality, visibility and sustainability
The simpler approach to specification.
Architects, architecture, buildings, and inspiration in film
The close ties between makers and the movies, with our long list of suggested viewing.
SELECT three-point plan for action issued to MSPs
Call for Scottish regulation, green skills and recognition of electrotechnical industry as part of a manifesto for Scottish Parliamentary elections.
UCEM becomes the University of the Built Environment
Major milestone in its 106-year history, follows recent merger with London School of Architecture (LSE).
Professional practical experience for Architects in training
The long process to transform the nature of education and professional practical experience in the Architecture profession following recent reports.