Rights Of Way: Don’t Stop Moving!

In the recent case of Jeffries v Robb [2012] EWCA Civ 1149 the Court of Appeal clarified what is permitted under a right of way "for all purposes".

Mrs Jeffries had a right of way "for all purposes" over agricultural land owned by Mr and Mrs Robb. Mr and Mrs Robb sought an injunction against Mrs Jeffries after she used her right of way to photograph, spy and eavesdrop on them and had fixed a video camera to her tractor in order to film their land as she drove by. The Court's view was that a right of way should not diminish a landowner's enjoyment of his land anymore than is inevitable and granted an injunction which prevented Mrs Jeffries from lingering or loitering on the land and only allowed her to pass along the right of way if she did so "at a reasonable speed".