Peter Gosling & Anor. v Daniel Bradbury & Anor.

Peter Gosling & Anor. v Daniel Bradbury & Anor.

The water easement expressly granted the right to take water by means of the pump, and the ancillary right to the passage of electricity to power the pump is necessary for the enjoyment of the easement. The ancillary rights impose only negative obligations on the servient landowner and are valid. The appellants' actions in turning off the electricity supply constituted unlawful interference with the easement. The easement binds successors in title and remains valid.

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
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Easements, Ancillary Rights, Land Registration, Negative and Positive Obligations, Remedies for Interference With Easements
Property Law Easements Ancillary Rights Land Registration Negative and Positive Obligations Remedies for Interference With Easements

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

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the water easement includes ancillary rights to the passage of electricity to power a pump
  2. 2 Whether the ancillary rights impose positive obligations on the servient landowner
  3. 3 Whether the water easement provides benefit to the dominant land

Ratio Decidendi

The water easement expressly granted the right to take water by means of the pump, and the ancillary right to the passage of electricity to power the pump is necessary for the enjoyment of the easement. The ancillary rights impose only negative obligations on the servient landowner and are valid. The appellants' actions in turning off the electricity supply constituted unlawful interference with the easement. The easement binds successors in title and remains valid.

Court Disposition

Appeal dismissed

Orders

  • The declarations and orders of the lower court are upheld.