Perkins v Nieuwenhuizen [2018] EWHC 918 (Ch) (24 April 2018)

Perkins v Nieuwenhuizen [2018] EWHC 918 (Ch) (24 April 2018)

There is no sustainable basis for appeal regarding either disputed right of way. The northern right of way terminates at the pedestrian gate abutting a public footpath, not at Croughton Road, based on the natural construction of the conveyance, contemporaneous evidence, and absence of provision for a vehicular...

Source-derived case information.

Citation
[2018] EWHC 918 (Ch)
Parties
Claimant/appellant: James Perkins; Defendant/respondent: Carla Nieuwenhuizen
Jurisdiction
England and Wales
Judgment Date
24 April 2018
Procedural Posture
Appeal / Application for Permission to Appeal (oral Hearing)
Outcome
Permission to appeal refused; application dismissed.
Legal Topics
Easements, Rights of Way, Interpretation of Conveyance, Abandonment of Easement
Property Law Easements Rights of Way Interpretation of Conveyance Abandonment of Easement

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Parties

James Perkins

Claimant/appellant

Carla Nieuwenhuizen

Defendant/respondent

Procedural Posture

Appeal / Application for Permission to Appeal (oral Hearing)

Legal Issues

  1. 1 Interpretation of the extent and position of reserved rights of way under a 1967 conveyance
  2. 2 Whether the southern right of way was abandoned

Ratio Decidendi

There is no sustainable basis for appeal regarding either disputed right of way. The northern right of way terminates at the pedestrian gate abutting a public footpath, not at Croughton Road, based on the natural construction of the conveyance, contemporaneous evidence, and absence of provision for a vehicular opening. The southern right of way was abandoned by the sale of Lime Tree Walk, which removed any useful destination, combined with prolonged non-user and absence of reservation in subsequent conveyances.

Court Disposition

Permission to appeal refused; application dismissed.

Orders

  • Permission to appeal refused in respect of both northern and southern rights of way.
  • No further orders.