Gore v Naheed & Anor [2017] EWCA Civ 369 (24 May 2017)

Gore v Naheed & Anor [2017] EWCA Civ 369 (24 May 2017)

The right of way granted by the 1921 conveyance includes the right to use the driveway to access and park in the garage, provided such use is ancillary to the occupation and enjoyment of the Granary. The use of the garage for parking by a resident of the Granary is ancillary and within the scope of the grant. The award of general damages was not justified as no such claim was pleaded or advanced at trial. The terms of the injunction and the costs order were appropriate and within the trial judge's discretion.

Citation
[2017] EWCA Civ 369
Parties
Claimant/respondent: Graham Gore; Defendant/appellant: Kishwar Naheed; Defendant/appellant: Asim Suhail Ahmed
Jurisdiction
England and Wales
Judgment Date
24 May 2017
Procedural Posture
Civil Appeal / Appeal From Trial Judgment and Costs Order
Outcome
Appeal allowed in part and dismissed in part.
Legal Topics
Easements, Right of Way, Ancillary Use, Damages, Costs, Injunctions
Property Law Civil Procedure Easements Right of Way Ancillary Use Damages Costs Injunctions

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 3 Authorities cited 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Graham Gore

Claimant/respondent

Kishwar Naheed

Defendant/appellant

Asim Suhail Ahmed

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Trial Judgment and Costs Order

Legal Issues

  1. 1 Whether the right of way granted by a 1921 conveyance includes the right to use the driveway to access and park in a garage built on land acquired by the dominant owner after the grant;
  2. 2 Whether the use of the driveway for parking in the garage is ancillary to the use and enjoyment of the dominant tenement;
  3. 3 Whether the injunction terms and damages awarded by the trial judge were appropriate;

Ratio Decidendi

The right of way granted by the 1921 conveyance includes the right to use the driveway to access and park in the garage, provided such use is ancillary to the occupation and enjoyment of the Granary. The use of the garage for parking by a resident of the Granary is ancillary and within the scope of the grant. The award of general damages was not justified as no such claim was pleaded or advanced at trial. The terms of the injunction and the costs order were appropriate and within the trial judge's discretion.

Court Disposition

Appeal allowed in part and dismissed in part.

Orders

  • Defendants' appeal against the award of general damages allowed; award of £2,500 general damages set aside.
  • Appeal otherwise dismissed; injunction and costs orders upheld, subject to clarification that the right to access the garage is limited to use in connection with the occupation of the Granary.