Martin & Anor v Childs & Anor [2002] EWCA Civ 283 (19 February 2002)

Martin & Anor v Childs & Anor [2002] EWCA Civ 283 (19 February 2002)

The right to install conduits in the 1992 conveyance does not include the right to lay a new water pipe along a different route over the respondents' land. The grant is limited to the existing pipes and their maintenance, repair, or renewal in their current position. The appellants' attempt to lay a new pipe constituted trespass.

Citation
[2002] EWCA Civ 283
Parties
Claimant/respondent: John Martin; Claimant/respondent: Anne Martin; Defendant/appellant: Peter Francis Childs; Defendant/appellant: Jean Childs
Jurisdiction
England and Wales
Judgment Date
19 February 2002
Procedural Posture
Appeal (civil) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Construction of Conveyance, Easements and Rights of Way, Trespass to Land, Water Supply Rights
Property Law Easements Real Property Construction of Conveyance Easements and Rights of Way Trespass to Land Water Supply Rights

Case Brief

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Parties

John Martin

Claimant/respondent

Anne Martin

Claimant/respondent

Peter Francis Childs

Defendant/appellant

Jean Childs

Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the 1992 conveyance grants a right to install a new water pipe along a different route across the respondents' land
  2. 2 Whether the appellants' actions constituted trespass under the terms of the conveyance

Ratio Decidendi

The right to install conduits in the 1992 conveyance does not include the right to lay a new water pipe along a different route over the respondents' land. The grant is limited to the existing pipes and their maintenance, repair, or renewal in their current position. The appellants' attempt to lay a new pipe constituted trespass.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs, subject to detailed assessment unless agreed