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
ECA Industry Awards 2024 shortlist revealed
22 leading businesses from across the electrotechnical and engineering services sector.
Government unveils Skills England strategy
Skills England to transform opportunities and drive growth.
New Government Hub for York Given Planning Green Light
For up to 2,600 civil servants, due for completion by 2028.
Construction Skills Certification Scheme cards
July update on Professionally Qualified and Academically Qualified Person Cards.
BSRIA Briefing 2024, November 22
Sustainable Futures: Redefining Retrofit for Net Zero Living.
The CLC on driving competency in the retrofit sector
Previously published roadmap on skills for net zero.
The first labour government King's speech in fifteen years
Construction industry reactions, support and some concern.
CIOB Retrofit of Buildings Technical Information Sheet
What retrofit is, the approach to be taken and processes to be followed.
Adapting Historic Buildings for Energy and Carbon Efficiency
Historic England advice note 18, free download published.
10 retrofit projects revisited 10 years after completion.
Information orders, building liability orders and SPVs
Key BSA terms and how they impact special purpose vehicles.
Listed despite problems with its design.
Zen and the art of cycling exploration.
Design Council Homes Taskforce launched
To support government 1.5 million homes target within UK climate commitments.