Right of way only used for the purpose it is granted.

In the case of Jeffries v Robb J had a right of way for all purposes across R’s land. R claimed  that J was passing over the land conducting a harassment campaign by way of photographing, spying and eavesdropping.

At first instance the Court granted an Injunction restraining J from lingering or loitering on the right of way and requiring her to travel along it “at a reasonable speed”. If J failed to do so she faced a fine or prison sentence.

The case went to the Court of Appeal.  J claimed that reasonable speed was impossible because she may well want to take her dog for a walk and that dog may dawdle. The court dismissed the appeal it decided that what was reasonable would depend on the circumstances.

If a person was walking with their child or an elderly person, they maybe slower. That position was also the same as with walking a dog. The case is amusing however it does have a serious points that a right-of-way can only be used for the purposes it was granted and anything else such as snooping or any form of harassment would not be a proper use.

The loser was ordered to pay the costs which are estimated to be in the region of £150,000.

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