Shortland v Hill & Anor [2017] EW Misc 14 (CC) (15 August 2017)

Shortland v Hill & Anor [2017] EW Misc 14 (CC) (15 August 2017)

The right of way reserved in the 1999 transfer was not extinguished by the demolition of the garage; it continues for the benefit of the claimant's property for access purposes. The right is not limited to a specific strip but extends over the whole Yard as described. The defendants are estopped from denying the existence of the right of way due to representations made by their predecessor in title and their own conduct. The boundary between the properties is determined by reference to the former position of the garage as found in the judgment.

Citation
[2017] EW Misc 14 (CC)
Parties
Claimant: Grant Shortland; First Defendant: Christopher Hill; Second Defendant: Susan Hill
Jurisdiction
England and Wales
Judgment Date
15 August 2017
Procedural Posture
Civil (chancery) / Trial Judgment
Outcome
Claim allowed in substantial part
Legal Topics
Easements, Right of Way, Boundary Disputes, Estoppel, Interpretation of Deeds
Property Law Land Law Easements Right of Way Boundary Disputes Estoppel Interpretation of Deeds

Case Brief

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Parties

Grant Shortland

Claimant

Christopher Hill

First Defendant

Susan Hill

Second Defendant

Procedural Posture

Civil (chancery) / Trial Judgment

Legal Issues

  1. 1 Scope and effect of the right of way reserved by the 1999 transfer
  2. 2 Whether the right of way was lost by demolition of the garage
  3. 3 Whether any other right of way arises by virtue of the 1999 transfer

Ratio Decidendi

The right of way reserved in the 1999 transfer was not extinguished by the demolition of the garage; it continues for the benefit of the claimant's property for access purposes. The right is not limited to a specific strip but extends over the whole Yard as described. The defendants are estopped from denying the existence of the right of way due to representations made by their predecessor in title and their own conduct. The boundary between the properties is determined by reference to the former position of the garage as found in the judgment.

Court Disposition

Claim allowed in substantial part

Orders

  • Declaration that the claimant has a right of way over the Yard as reserved in the 1999 transfer
  • Injunction restraining the defendants from obstructing the right of way