The widow of Tiny Rowland is seeking a declaration from the Environment Agency that there is no public right of navigation on Hedsor Water, near Maidenhead.
Josie Rowland, who inherited the historic Hedsor Wharf Estate following her husband’s death, claims that her “right to respect for her personal privacy and home” and “the peaceful enjoyment of her property” are being violated.
She is seeking an order that she is entitled to erect signs stating: “no public right of navigation”.
Lord Lester of Herne Hill QC, counsel for Rowland, told the judge that when her late husband’s company, the Sugar Corporation of Malawi Ltd, purchased the estate in 1968, the previous owners had assured him that there was no public right of navigation. The barrister argued that the public navigation rights had been “extinguished” as long ago as 1830.
Rowland claims that when she began living on the estate, which was conveyed to her late husband in 1974, the Environment Agency’s predecessors informed her that the lock-keeper at Cookham Lock would remove anyone who entered the stretch of water.
The hearing continues.
Rowland v Environment Agency Chancery Division (Lightman J) 15 November 2002.
Lord Lester of Herne Hill and Robert Howe (instructed by CMS Cameron McKenna) appeared for the claimant. Peter Village and Lisa Busch (instructed by Clarks, of Reading) appeared for the respondent.
PLS News 15/11/02
