Wheeler v Saunders [1995]

P bought a farmhouse and outbuildings on land adjacent to D's pig farm. Both P's property and the farmland were formerly in common ownership. There were two means of access to P's property, one of which ("the south entrance") could only be reached by crossing a part of D's land but there was no express right of way and D took the view that P were not entitled to use it and blocked it off with a wall. D also applied for and, despite P's objections, obtained planning permission to build two pig housing units on their land, one of which was only a few metres away from one of P's outbuildings which was used as a holiday cottage.

In proceedings, P obtained damages against D for obstructing a right of way to their property with the new wall and for nuisance in the form of smell from the pigs in the housing units, and injunctions requiring D to demolish the wall and restraining them from keeping pigs in the housing units. On D's appeal P contended for an implied grant in their conveyance of an easement of…