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
Twas the site before Christmas...
A rhyme for the industry and a thankyou to our supporters.
Plumbing and heating systems in schools
New apprentice pay rates coming into effect in the new year
Addressing the impact of recent national minimum wage changes.
EBSSA support for the new industry competence structure
The Engineering and Building Services Skills Authority, in working group 2.
Notes from BSRIA Sustainable Futures briefing
From carbon down to the all important customer: Redefining Retrofit for Net Zero Living.
Principal Designer: A New Opportunity for Architects
ACA launches a Principal Designer Register for architects.
A new government plan for housing and nature recovery
Exploring a new housing and infrastructure nature recovery framework.
Leveraging technology to enhance prospects for students
A case study on the significance of the Autodesk Revit certification.
Fundamental Review of Building Regulations Guidance
Announced during commons debate on the Grenfell Inquiry Phase 2 report.
CIAT responds to the updated National Planning Policy Framework
With key changes in the revised NPPF outlined.
Councils and communities highlighted for delivery of common-sense housing in planning overhaul
As government follows up with mandatory housing targets.
CIOB photographic competition final images revealed
Art of Building produces stunning images for another year.
HSE prosecutes company for putting workers at risk
Roofing company fined and its director sentenced.
Strategic restructure to transform industry competence
EBSSA becomes part of a new industry competence structure.
Major overhaul of planning committees proposed by government
Planning decisions set to be fast-tracked to tackle the housing crisis.
Industry Competence Steering Group restructure
ICSG transitions to the Industry Competence Committee (ICC) under the Building Safety Regulator (BSR).
Principal Contractor Competency Certification Scheme
CIOB PCCCS competence framework for Principal Contractors.
The CIAT Principal Designer register
Issues explained via a series of FAQs.