Unreasonable use

Brooks v Young [2008] EWCA Civ 816

The defendants had a right of way to the rear of their property over the garden of the claimants’ adjoining property. The claimants sought an injunction restraining the alleged unreasonable use of the right of way and also for damages. They argued the use was excessive on the grounds that the defendants were exercising their right to use it when they did not need to because their front door could be used instead.