Cases - Baxter v Taylor

Record details

Name

Baxter v Taylor

Date

(1832)

Citation

(unreported)

Legislation

Prescription Act 1832

Keywords

Easements

Summary

The plaintiff owned the freehold of a close, but had let it out to a tenant. The defendant had entered upon the close with horses and cart, and, although asked to cease from doing so by the plaintiff, had continued to do so, claiming a right of way. To the extent that there was any damages to the land it was the impression of the horses and cart made on the soil.

The Court of Appeal considered that this was damage of a transient nature only, rather than damage to the plaintiff's reversionary interest, and there being no injury to the plaintiff's reversionary interest, he could not bring the claim in nuisance.