Cases - Newnham v Willison
Record details
- Name
- Newnham v Willison
- Date
- (1988)
- Citation
- 56 P&CR 8, DC
- Legislation
- Keywords
- Easement - Prescription Act 1832, s. 4 - Rights of light
- Summary
-
The plaintiff had a right of way around a sharp angled corner of 2 tracks. From 1960 to 1983 the plaintiff's predecessors had used a sweeping curve around the corner going beyond his grant. In the spring of 1983 the defendants erected a post and other obstacles to prevent the use of the sweeping curve. In July 1983 the plaintiff's predecessor objected by letter and removed the obstacles. In August 1983 the defendants erected a fence that reinstated the sharp angled corner. The plaintiff stopped using the track and commenced proceedings in June 1984.
The Court held that the removal of the obstacles by the plaintiff's predecessor constituted the use of force sufficient to show that the use was not 'without force'. Further, since the use had been interrupted for more than a year prior to the commencement of proceedings, and had ceased prior to proceedings being commenced, the claim failed under section 4 of the Prescription Act 1832.