Davies & Anor v Bramwell & Ors [2007] EWCA Civ 821 (17 July 2007)

Davies & Anor v Bramwell & Ors [2007] EWCA Civ 821 (17 July 2007)

The Court held that the common intention of the parties in 1976 was that the conveyed premises would be used for vehicle servicing and repair, including use of the ramp, and that a right of way over the blue land was necessary to give effect to that intention, particularly for larger vehicles. The inclusion of an...

Source-derived case information.

Citation
[2007] EWCA Civ 821
Parties
First Claimant/appellant: Annette Davies; Second Claimant: Onsite Concrete Limited; First Defendant/respondent: Nigel David Bramwell; Second Defendant/respondent: William Henry David Bramwell; Third Defendant/respondent: William Peter Webb
Jurisdiction
England and Wales
Judgment Date
17 July 2007
Procedural Posture
Civil Appeal / Appeal From Cardiff County Court Decision
Outcome
Appeal dismissed
Legal Topics
Easements, Implied Grant, Right of Way, Land Conveyancing
Property Law Easements Implied Grant Right of Way Land Conveyancing

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Parties

Annette Davies

First Claimant/appellant

Onsite Concrete Limited

Second Claimant

Nigel David Bramwell

First Defendant/respondent

William Henry David Bramwell

Second Defendant/respondent

William Peter Webb

Third Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Cardiff County Court Decision

Legal Issues

  1. 1 Whether the defendants are entitled to a right of way over the claimant's land (the blue land) by implied grant under the 1976 conveyance.

Ratio Decidendi

The Court held that the common intention of the parties in 1976 was that the conveyed premises would be used for vehicle servicing and repair, including use of the ramp, and that a right of way over the blue land was necessary to give effect to that intention, particularly for larger vehicles. The inclusion of an express right of way over the green land and the requirement to paint white lines did not preclude the implication of a further right of way over the blue land.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to be assessed if not agreed.
  • Counsel to lodge a draft minute of order.