Annetts v Adeleye

Annetts v Adeleye

The fencing covenant in the 1988 Transfer did not demonstrate an intention to abandon the right of way over the Strip. Even if the covenant precluded a gate, it did not amount to abandonment, as abandonment is not to be lightly inferred and the servient owner was not a party to the Transfer. Upon reunification of Summerhill and the Strip, the right of way revives for the benefit of the common owner.

Parties
Claimant/respondent: Clare Elizabeth Annetts; Defendant/appellant: Nureni Adetunji Adeleye
Jurisdiction
England and Wales
Judgment Date
22 March 2018
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Easements, Abandonment of Right of Way, Covenants, Land Registration, Reunification of Title
Property Law Easements Abandonment of Right of Way Covenants Land Registration Reunification of Title

Case Brief

Summary, issues, holding and outcome

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Parties

Clare Elizabeth Annetts

Claimant/respondent

Nureni Adetunji Adeleye

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the right of way over the Strip was abandoned by the 1988 Transfer
  2. 2 Whether partial abandonment applied to the right of way
  3. 3 Whether reunification of Summerhill and the Strip revived the right of way

Ratio Decidendi

The fencing covenant in the 1988 Transfer did not demonstrate an intention to abandon the right of way over the Strip. Even if the covenant precluded a gate, it did not amount to abandonment, as abandonment is not to be lightly inferred and the servient owner was not a party to the Transfer. Upon reunification of Summerhill and the Strip, the right of way revives for the benefit of the common owner.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the right of way over the Strip was not abandoned by the 1988 Transfer.
  • Upon reunification of Summerhill and the Strip, the right of way revives for the benefit of the common owner.