Cases - Zieleniewski v Scheyd
Record details
- Name
- Zieleniewski v Scheyd
- Date
- [2012]
- Citation
- EWCA Civ 247
- Legislation
- Keywords
- Easements
- Summary
-
A wall was erected alongside a farm track, narrowing the width of the track. The claimant complained that he could no longer access the track. The defendant argued that the narrowed track was accessible by modern farming equipment. The court rejected the claim. The narrowing of the width of the track was interference with the right of way. The interference was actionable if use was prejudiced, as it had been. The Court of Appeal held that the fact more modern machinery needed less space was not a guide to how wide the track had to be. It had to be sufficient for the previous machinery that had usually been employed. The advent of advanced modern machinery did not reduce the entitlement of the farmer to use the full width of the right of way.