Cases - Oliver v Symons

Record details

Name

Oliver v Symons

Date

[2012]

Citation

EWCA Civ 267

Keywords

Commercial property - landlord and tenant - easements

Summary

This case involved a right of way for agricultural vehicles. At issue was the extent of the right of way, namely whether it was limited to the track itself or whether allowance could be made for ‘swing room’. The Court of Appeal upheld the trial judge’s decision that there could be no such allowance. The trial judge noted that there were no special features or physical characteristics affecting the right of way, which might prevent the words of the grant being given their natural meaning. He concluded:

‘if, as I think, the right is only over the cart track it means that the Claimants are not entitled to go over the grass verge when exercising it. It equally means that the tractor and machio machine 4.15 metres wide are not entitled to exercise the right of way as the width is greater than the width of the cart track’.

Elias J. noted that if the appellants were right then it would lead to sterile corridors of land extending significantly beyond the boundaries of the track.