Annetts v Adeleye [2018] EWCA Civ 555 (22 March 2018)

Annetts v Adeleye [2018] EWCA Civ 555 (22 March 2018)

The right of way over the Strip was not abandoned by the 1988 Transfer and fencing covenant, as the covenant did not demonstrate a clear intention to extinguish the right of way; even if the covenant precluded a gate, it did not amount to abandonment. Upon reunification of the Strip and Summerhill, the right of way revives for the benefit of the unified property.

Citation
[2018] EWCA Civ 555
Parties
Claimant/respondent: Clare Elizabeth Annetts; Defendant/appellant: Nureni Adetunji Adeleye
Jurisdiction
England and Wales
Judgment Date
22 March 2018
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Easements, Abandonment of Rights of Way, Interpretation of Covenants, Land Transfers
Property Law Easements Abandonment of Rights of Way Interpretation of Covenants Land Transfers

Case Brief

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Parties

Clare Elizabeth Annetts

Claimant/respondent

Nureni Adetunji Adeleye

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the right of way over the Strip was abandoned by the 1988 Transfer and fencing covenant
  2. 2 Whether abandonment, if any, was partial or total
  3. 3 Whether reunification of the Strip and Summerhill revives the right of way

Ratio Decidendi

The right of way over the Strip was not abandoned by the 1988 Transfer and fencing covenant, as the covenant did not demonstrate a clear intention to extinguish the right of way; even if the covenant precluded a gate, it did not amount to abandonment. Upon reunification of the Strip and Summerhill, the right of way revives for the benefit of the unified property.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the right of way over the Strip is not abandoned and revives upon reunification of the properties.