Hotchkin v McDonald & Ors [2004] EWCA Civ 519 (20 April 2004)

Hotchkin v McDonald & Ors [2004] EWCA Civ 519 (20 April 2004)

The right of way granted by the 1965 conveyance is linked to the lawful use of the Manor House as determined from time to time, including any use permitted following modification or discharge of the restrictive covenant by the Lands Tribunal. The grant is not frozen to the uses specified at the date of the conveyance.

Citation
[2004] EWCA Civ 519
Parties
Claimant/appellant: Neil Hotchkin; Defendant/respondent: Ian McDonald; Defendant/respondent: Susan McDonald; Defendant/respondent: Allied Dunbar Pension Services Ltd
Jurisdiction
England and Wales
Judgment Date
20 April 2004
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court (chancery Division)
Outcome
Appeal dismissed
Legal Topics
Easements, Restrictive Covenants, Construction of Conveyance, Modification of Covenants
Property Law Land Law Easements Restrictive Covenants Construction of Conveyance Modification of Covenants

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Parties

Neil Hotchkin

Claimant/appellant

Ian McDonald

Defendant/respondent

Susan McDonald

Defendant/respondent

Allied Dunbar Pension Services Ltd

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court (chancery Division)

Legal Issues

  1. 1 Whether the right of way granted in the 1965 conveyance is limited to the uses of the Manor House as originally specified or extends to any lawful use following modification/discharge of the restrictive covenant by the Lands Tribunal.

Ratio Decidendi

The right of way granted by the 1965 conveyance is linked to the lawful use of the Manor House as determined from time to time, including any use permitted following modification or discharge of the restrictive covenant by the Lands Tribunal. The grant is not frozen to the uses specified at the date of the conveyance.

Court Disposition

Appeal dismissed

Orders

  • Declaration upheld that the right of way extends to uses permitted following any discharge or modification of the restriction by the Lands Tribunal.
  • Costs as agreed.