Kennerley v Beech & Anor

Kennerley v Beech & Anor

The southern boundary of Old Westwick is the centre line of the hedge at the top of the bank, not the rope-edged path. The right of way over the wiggly path was not a valid easement as it did not accommodate the dominant tenement and was a personal right for the benefit of a tenant, not the landowner.

Parties
Defendant/appellant: John William Frank Kennerley; Claimant/respondent: Eric Edward Beech; Claimant/respondent: Jill Paula Beech
Jurisdiction
England and Wales
Judgment Date
21 February 2012
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Boundary Disputes, Easements, Adverse Possession, Interpretation of Conveyances
Property Law Land Law Boundary Disputes Easements Adverse Possession Interpretation of Conveyances

Case Brief

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Parties

John William Frank Kennerley

Defendant/appellant

Eric Edward Beech

Claimant/respondent

Jill Paula Beech

Claimant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Location of the southern boundary of Old Westwick
  2. 2 Existence and validity of a right of way over the wiggly path

Ratio Decidendi

The southern boundary of Old Westwick is the centre line of the hedge at the top of the bank, not the rope-edged path. The right of way over the wiggly path was not a valid easement as it did not accommodate the dominant tenement and was a personal right for the benefit of a tenant, not the landowner.

Court Disposition

Appeal dismissed

Orders

  • Southern boundary of Old Westwick fixed at the centre of the hedge at the top of the bank
  • No enforceable right of way exists over the wiggly path