Horsford vs Croft

This case concerned a dispute over the existence of an easement of necessity and encroachment between Horsford and Croft.

TLDR:

• Horsford claimed an easement of necessity over Croft's land.
• The Court of Appeal initially ruled against Horsford.
• The Privy Council reversed the decision, granting Horsford the easement.
• The case also involved a secondary issue of encroachment.

The claimant, Horsford, owned a parcel of land (Parcel 171) that he claimed was landlocked without access to a public road unless he passed over the defendant Croft's property. Horsford asserted that there was an easement of necessity over Croft's land, specifically over the upper eastern road.

At the trial court, Cottle J ruled in favor of Horsford, granting him a right of way over the upper eastern road. However, the Court of Appeal reversed this decision, stating that there was no evidence that the lower western road did not lead to a public road or that it would take the user over lands of a stranger to the grant.

The Privy Council, upon review, found that the Court of Appeal had erred in its approach. The Board determined that the factual and legal conditions for an easement of necessity were satisfied for the upper eastern road. They noted that the lower western road did not meet the legal condition as there was no evidence of ownership by the Personal Representative over the entire route to the public road.

The Privy Council concluded that Horsford was entitled to a pedestrian and vehicular easement of necessity over the upper eastern road (Parcel 281). They also addressed a secondary issue of encroachment, where Horsford had constructed a building that encroached on Croft's land. The Court of Appeal's decision to award damages for trespass was upheld, but no injunctive relief was granted.

Legal representatives: Mr. J. Smith for the claimant, Ms. L. Brown (instructed by Brown & Co.) for the defendant.

Judicial Panel: Lord Reed, Lord Hodge, Lady Black, Lord Briggs, Lady Arden

Case Citation Reference: [2023] UKPC 45