Partridge & Ors v Lawrence & Ors [2003] EWCA Civ 1121 (08 July 2003)

Partridge & Ors v Lawrence & Ors [2003] EWCA Civ 1121 (08 July 2003)

The width of the Field Access is 5.5 metres, as determined by reference to the cross-hatched area on the plan annexed to the 1995 deed and the scaled plan 1642A, which formed part of the surrounding circumstances. The right of way is presently exercisable by the claimants, subject only to obtaining any requisite planning consents for removal of the hedge (if within the relevant period), but not for removal of the fence. No further preconditions, such as development of the retained land or making up the surface to highway standards, are required for the exercise of the right of way.

Citation
[2003] EWCA Civ 1121
Parties
Claimants/appellants: Jack Partridge, Ann Partridge, Ian Partridge, Mark Partridge; Defendants/respondents: Peter Lawrence, Beryl Lawrence
Jurisdiction
England and Wales
Judgment Date
08 July 2003
Procedural Posture
Civil Appeal / Appeal From Bristol County Court Decision
Outcome
Appeal allowed in part and otherwise dismissed.
Legal Topics
Easements, Right of Way, Interpretation of Deeds, Planning Permission, Land Registration
Property Law Land Law Easements Right of Way Interpretation of Deeds Planning Permission Land Registration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jack Partridge, Ann Partridge, Ian Partridge, Mark Partridge

Claimants/appellants

Peter Lawrence, Beryl Lawrence

Defendants/respondents

Procedural Posture

Civil Appeal / Appeal From Bristol County Court Decision

Legal Issues

  1. 1 What is the correct width of the Field Access right of way reserved to the claimants?
  2. 2 Are the claimants' rights to exercise the right of way subject to preconditions, including planning permissions or consents?

Ratio Decidendi

The width of the Field Access is 5.5 metres, as determined by reference to the cross-hatched area on the plan annexed to the 1995 deed and the scaled plan 1642A, which formed part of the surrounding circumstances. The right of way is presently exercisable by the claimants, subject only to obtaining any requisite planning consents for removal of the hedge (if within the relevant period), but not for removal of the fence. No further preconditions, such as development of the retained land or making up the surface to highway standards, are required for the exercise of the right of way.

Court Disposition

Appeal allowed in part and otherwise dismissed.

Orders

  • Declaration that the width of the Field Access is 5.5 metres.
  • Claimants may exercise the right of way subject only to obtaining necessary planning consent for removal of the hedge (if within five years of development completion); no planning consent required for removal of the fence.