David Wood and Another v Edward Alexander Waddington
| Jurisdiction | England & Wales |
| Judge | Mr Justice Morgan |
| Judgment Date | 01 May 2014 |
| Neutral Citation | [2014] EWHC 1358 (Ch) |
| Docket Number | Case No: 2BS31308 |
| Court | Chancery Division |
| Date | 01 May 2014 |
[2014] EWHC 1358 (Ch)
IN THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
Bristol Civil Justice Centre
2 Redcliff Street, Bristol, BS1 6GR
Mr Justice Morgan
Case No: 2BS31308
Mr Martin Hutchings QC and Mr Simon Atkinson (instructed by Memery Crystal LLP) for the Claimants
Mr Jonathan Gaunt QC (instructed by Michelmores LLP) for the Defendant
Hearing dates: 18, 19, 20 and 21 March 2014
Introduction
This is a dispute between neighbours. Most of the matters in dispute arise out of claims by the Claimants, Mr and Mrs Wood, that they have the benefit of rights of way over land owned by the Defendant, Mr Waddington. There is also a counterclaim by Mr Waddington in which he alleges that Mr and Mrs Wood have built upon a track running across their land, over which Mr Waddington has an admitted right of way, and thereby infringed his right of way. The resolution of that issue depends on the precise boundary between Mr and Mrs Wood's land and Mr Waddington's land.
Before 29 September 1998, all of the land now owned by the Claimants and by the Defendant (together with yet further land) was in common ownership, the common owner being a Mr Crook. On 29 September 1998, Mr Crook conveyed part of his land to Mr and Mrs Sharman. Mr Sharman has since been enobled as Baron Sharman of Redlynch. However, at the time of the division of Mr Crook's land in 1998 he was Mr Sharman and it is more convenient to refer to him throughout this judgment as Mr Sharman. I intend no discourtesy to Lord Sharman in this regard. On 30 July 2009, Mr and Mrs Sharman conveyed most of the land they had acquired in 1998 to Mr and Mrs Wood. Also on 29 September 1998, Mr Crook conveyed another part of his land to Mr Waddington who has since retained that land.
One reason for the disagreement between the parties, and this litigation, is that there is said to be a potential conflict between the equestrian activities which Mr and Mrs Wood wish to carry on upon their land, and on two bridleways which cross Mr Waddington's land, and the shooting business which Mr Waddington wishes to carry on upon his land.
Mr Hutchings QC and Mr Atkinson appeared on behalf of Mr and Mrs Wood and Mr Gaunt QC appeared on behalf of Mr Waddington.
A description of the land in 1998
Before considering the terms of the transfers to Mr and Mrs Sharman and to Mr Waddington, it is necessary to describe the land originally owned by Mr Crook and the bridleways which crossed it. I will then make some findings of fact as to the use made of that land and of the various accesses and tracks upon that land in the period before 29 September 1998, when the land was divided up.
At the beginning of the trial, Mr Hutchings invited me to have a view of the land. I indicated that I would have a view but only if that turned out to be desirable in the light of matters which emerged in the course of the trial. I was provided with a large number of photographs and with films made by each of the parties. The photographs and films were clear and helpful. Having regard to the matters debated at the trial, I considered that I would not be further assisted by having a view of the land.
I can take a description of the land owned by Mr Crook in 1998 from the estate agents' particulars which were prepared for him in around 1997. The land comprised a residential, agricultural and sporting estate of about 1392 acres (564 hectares), known as Manor Farm, Teffont Magna, near Salisbury, Wiltshire. The principal buildings were a listed Manor House, 7 cottages, a range of Victorian farm buildings with a dovecote and courtyard. There was also a 250 cow dairy unit on land away from the main farm buildings. The land was used as a mixed arable and dairy farm. There was a pheasant and partridge shoot on the land. The agents' particulars stated that the farm benefitted from good access tracks. The particulars also gave a more detailed description of the land and buildings and the details included reference to the existence of a paddock and a coaching house with stables and a tack room. The land was offered for sale by Mr Crook as a whole or in six principal lots. The land was eventually sold to four sets of purchasers, namely, Mr and Mrs Sharman, Mr Waddington, three purchasers who were referred to as "the Frys" (in relation to Lot 5) and Mr Maitland-Robinson (in relation to Lot 6). The division of the land between these purchasers, broadly speaking, followed the original lotting of the land by the estate agents but there were some differences between the original lotting and the eventual division of the land. This was particularly so in relation to the farm tracks that ran around, or through, the nucleus of farm buildings and was the result of specific negotiation between the surveyors or estate agents acting for the various parties.
The original lotting plan showed Lots 1A, 1B, 2, 3, 4, 5 and 6. Lot 1A included the Manor House, known as Manor Farm; it also included a paddock between the house and the public highway (Wylye Road) and some traditional buildings including a coaching house with stables and tack room. Access to Lot 1A was from Wylye Road over a track, the title to which was part of Lot 1A. Lot 1B comprised farm buildings which were described as listed model farm buildings. The buildings had been used as a shoot room with kitchen, a games room and stables, open fronted sheds, a workshop and a farm office. Lot 1B also included a covered yard and a track which ran to and from another access on to Wylye Road.
Lot 2 was described as comprising nos. 1 and 2 Manor Farm Cottages and some land; that land appeared to have a frontage to, and therefore direct access to, Wylye Road. Although the cottages were referred to as nos. 1 and 2 Manor Farm Cottages, the later conveyancing documents referred to these cottages as nos. 3 and 4 Manor Farm Cottages. I will therefore adopt the latter description. One of these cottages was let and the other was occupied by the farm's tractor driver.
Lot 3 was described as comprising nos. 3 and 4 Manor Farm Cottages. However, the later conveyancing documents referred to these cottages as nos. 1 and 2 Manor Farm Cottages and I will do the same. Both these cottages were let. The lotting plan shows that access to these two cottages must have been intended to be taken off the track from Wylye Road which was included in Lot 1B.
Lot 4 was the greater part of the agricultural land extending to about 846 acres. Lot 4 included nos. 1 and 2 Field Barn Cottages and some agricultural buildings near to Field Barn Cottages. One of these cottages was occupied by a gamekeeper and the other was let. Lot 4 also included a large grain store which was located at Manor Farm itself, between Lot 1A and Lot 3. Lot 4 also included a field known as Small Sands and a track which ran between Small Sands (to the south of the track) and Home Ground (to the north of the track). Lot 4 also included a track between Lot 3 and the western side of Home Ground. Lot 4 was crossed by two bridleways to which I will refer in more detail shortly. They were referred to as Teff 5 and Teff 9. The access to Field Barn Cottages and the agricultural buildings near to them appears to have been taken by means of a track which ran from the public highway, Old Dinton Road, in a northerly direction. That track ran past the Field Barn Cottages and on further north to a road or track running in an east-west direction and known as the Ox Drove, a byway open to all traffic, which formed the northern boundary of Lot 4.
Lot 5 was the dairy part of the farm. It comprised about 236 acres of land, a dairy unit and a cottage. The western edge of Lot 5 ran along the track from Old Dinton Road, over which bridleway Teff 9 also ran. The main entrance to Lot 5 was over a public highway called Old Wylye Road.
Finally, Lot 6 comprised some 292 acres and was known as Rectory Farm. Lot 6 was to the north of the other agricultural land owned by Mr Crook. It was not referred to in the evidence at the trial and does not appear to be relevant to the issues between the parties.
The land described above was sold by Mr Crook as follows, but subject to some adjustment to the original lots: Lots 1A and 1B, part of Lot 2, Lot 3 and part of Lot 4 were sold to Mr and Mrs Sharman. The part of Lot 4 which was sold to Mr and Mrs Sharman was the field known as Small Sands, the grain store and certain tracks (described below). Part of Lot 2 was sold to Mr Waddington; this part consisted of the two cottages, 3 and 4 Manor Farm Cottages. The remainder of Lot 4 (which was the vast majority of Lot 4) was sold to Mr Waddington. Lot 5 was sold to the Frys. Lot 6 was sold to Mr Maitland-Robinson.
The relevant adjustments to the original lots were as follows: 3 and 4 Manor Farm Cottages (part of Lot 2) were sold to Mr Waddington; the field Small Sands which was part of Lot 4 was sold to Mr and Mrs Sharman and not Mr Waddington. This was obviously because Mr and Mrs Sharman wanted Small Sands. The track which ran the length of Small Sands, separating it from Home Ground, was included in the sale to Mr and Mrs Sharman and Mr Waddington was given a right of way over it. The old grain store which had been part of Lot 4 was also sold to Mr and Mrs Sharman. The track which separated the old grain store from Home Ground to the east was also included in the sale to Mr and Mrs Sharman and Mr Waddington was given a right of way over it. The first part of the track which was intended to be part of Lot 1B was not included in Lot 1B and so was not sold to Mr and Mrs Sharman but was sold to Mr Waddington and Mr and Mrs Sharman were given a right of way over it.
In the transfers which were later entered into, the various tracks...
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