Crow v Wood
Facts. Mrs Edna Crow of Stone House Farm sued Mr Robin Wood of Wether Cote Farm (both in Hawnby) for his sheep straying into her land, alleging cattle/chattel trespass. She lived on a Yorkshire moor, once long in common ownership where sheep had the right to stray, but then parcels were sold off, several maintaining their straying animals such as Wood. From 1966 Crow ceased to keep up a fence. Wood claimed that under an implied grant at common law and Law of Property Act 1925, section 62, she was under a duty to keep up  her fences separating her private element of her land from the commons element (for the benefit of those with grazing rights on it). Judge awarded £205 damages and an injunction, and Mr Wood appealed. Judgment. Lord Denning MR held that the right to have a fence repaired "lay in grant", and so could pass under Law of Property Act 1925, section 62. Further, the right to have a fence or wall kept in repair is considered by the law "in the nature of an easement". Since the plaintiff was in breach of her duty to fence she could not  complain of cattle trespass. Edmund Davies LJ stated that the duty to fence arises from proof that the land is accustomed to be fenced. This was strongly disapproved in the same court, five years later. Obiter dictum of Edmund-Davies. This was disapproved in: