Sommer & Anor v Sweet & Anor

The Sweets were entitled to vehicular rights of way over Old Forge Yard to Forge Meadow and Northern Field by proprietary estoppel, which constituted overriding interests under Rule 258, binding Ms Sommer and justifying rectification of the register and award of costs.

Parties: 1st Appellant/defendant: Elizabeth Sommer; 2nd Appellant/defendant: Brian Neanor; Respondents: Mr and Mrs Sweet
Jurisdiction: England and Wales
Judgment Date: 10 March 2005
Procedural Posture: Civil Appeal / Appeal From High Court Judgment
Outcome: Appeal dismissed
Legal Topics: Easements, Proprietary Estoppel, Overriding Interests, Rectification of Register, Costs

Property Law Equity Land Registration Easements Proprietary Estoppel Overriding Interests Rectification of Register Costs

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 1

Parties

Elizabeth Sommer

1st Appellant/defendant

Brian Neanor

2nd Appellant/defendant

Mr and Mrs Sweet

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

1 Whether the Sweets were entitled to vehicular access over Old Forge Yard to Forge Meadow and Northern Field as a way of necessity or by proprietary estoppel
2 Whether the rights claimed constituted overriding interests under Land Registration Rules 1925 r.258
3 Whether rectification of the register was proper

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Declarations as to rights of way over Old Forge Yard in favour of Forge Meadow and Northern Field upheld
Rectification of titles WA508839, WA480928, and CYM48705 to reflect overriding interests