Obstruction of a right of way

An injunction will be granted against anyone who obstructs a right of way so as to prevent its reasonable enjoyment.

In Thorpe v Brumfitt ((1872 – 73) L.R. 8 Ch. App. 650, CA (Eng)) M had granted P a right of way over a passage  ‘for all purposes’ over his land for the purpose of getting to and from P’s Inn. M’s tenants obstructed the passage so that potential customers could not get to the Inn operated by P’s tenant. An injunction was granted against all of the parties causing the obstruction. There was an argument that the words  ‘for all purposes’ meant that the claimed easement did not benefit any specific land and so was invalid. This argument was rejected: the words clearly meant ‘for all purposes connected with the use of P’s land.’

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