Gosling & Anor v Bradbury & Anor [2023] EWHC 199 (Ch) (06 February 2023)

Gosling & Anor v Bradbury & Anor [2023] EWHC 199 (Ch) (06 February 2023)

The water easement includes ancillary rights to the passage of electricity necessary to operate the pump, as these rights impose only negative obligations on the servient landowner and are reasonably necessary for the enjoyment of the easement. The actions of the appellants in cutting off the electricity supply constituted unlawful interference with the easement and ancillary rights. The easement accommodates the dominant land and binds successors in title.

Citation
[2023] EWHC 199 (Ch)
Parties
Claimant/respondent: Peter Gosling; Claimant/respondent: Steven Tranter; Defendant/appellant: Daniel Bradbury; Defendant/appellant: Vickie Bradbury
Jurisdiction
England and Wales
Judgment Date
06 February 2023
Procedural Posture
Chancery Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Easements, Ancillary Rights, Land Registration, Negative Obligations, Remedies
Property Law Equity Easements Ancillary Rights Land Registration Negative Obligations Remedies

Case Brief

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Parties

Peter Gosling

Claimant/respondent

Steven Tranter

Claimant/respondent

Daniel Bradbury

Defendant/appellant

Vickie Bradbury

Defendant/appellant

Procedural Posture

Chancery Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the water easement includes ancillary rights to electricity supply for the pump
  2. 2 Whether the easement imposes positive obligations on the servient landowner
  3. 3 Whether the easement accommodates the dominant land

Ratio Decidendi

The water easement includes ancillary rights to the passage of electricity necessary to operate the pump, as these rights impose only negative obligations on the servient landowner and are reasonably necessary for the enjoyment of the easement. The actions of the appellants in cutting off the electricity supply constituted unlawful interference with the easement and ancillary rights. The easement accommodates the dominant land and binds successors in title.

Court Disposition

Appeal dismissed

Orders

  • Declarations that the easement and ancillary rights exist as set out in the 1982 Conveyance
  • Declaration that the actions of the appellants in turning off the electricity supply constituted unlawful interference