Martin Wilkins & Wendy Wilkins -v- Thomas William Lewis

[2005] EWHC 1710 (Ch)

The defendant (L) sought determination of a preliminary issue in proceedings in which the claimants (W) claimed an injunction and damages for trespass against him.  The trespass related to the use made by L, his employees and visitors of a road which ran through the grounds of a house owned and lived in by W.  L owned the adjourning land.  The issue which arose for determination was whether the use made of the road by L was permitted under the terms of a right of way granted to his predecessor in title as owner by W's predecessor in title.  L submitted that the wording of the terms of the right of way allowed the use of the roadway for purposes connected with the running of the agricultural estate from the core estate, however great the extent of land comprised in that estate.