Perkins v Nieuwenhuizen

Perkins v Nieuwenhuizen

The 1967 Conveyance reserved rights of way over existing tracks, not notional lines; the northern right of way terminates at the pedestrian gate abutting a public footpath, not at Croughton Road, and does not permit vehicular access through the wall. The southern right of way was abandoned by the sale of Lime Tree Walk, which removed any useful destination, combined with non-user and absence of reservation in subsequent conveyances.

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
Application for permission to appeal dismissed
Legal Topics
Easements, Rights of Way, Interpretation of Conveyances, Abandonment of Easements
Property Law Civil Procedure Easements Rights of Way Interpretation of Conveyances Abandonment of Easements

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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 position and extent of disputed rights of way under a 1967 conveyance
  2. 2 Whether the northern right of way permits vehicular access to Croughton Road or only pedestrian access to a public footpath
  3. 3 Whether the southern right of way between points X and Y has been abandoned

Ratio Decidendi

The 1967 Conveyance reserved rights of way over existing tracks, not notional lines; the northern right of way terminates at the pedestrian gate abutting a public footpath, not at Croughton Road, and does not permit vehicular access through the wall. The southern right of way was abandoned by the sale of Lime Tree Walk, which removed any useful destination, combined with non-user and absence of reservation in subsequent conveyances.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused for both the northern and southern rights of way
  • No real prospect of success on appeal established