Adam v Shrewsbury & Anor

Adam v Shrewsbury & Anor

The claimant did not acquire an immediately enforceable implied right of way over the unconstructed section of the road, as the common intention of the parties was conditional on further development that never occurred. Any conditional right of way failed due to the rule against perpetuities, as more than 21 years had elapsed without the relevant works being carried out.

Parties
Claimant/respondent: Gwynfa Myfanwy Adam; 1st Appellant/defendant: Diana Elizabeth Shrewsbury; 2nd Appellant/defendant: David J Shrewsbury
Jurisdiction
England and Wales
Judgment Date
28 July 2005
Procedural Posture
Civil Appeal / Judgment on Appeal From County Court
Outcome
Appeal allowed
Legal Topics
Implied Easements, Right of Way, Conveyancing, Perpetuities
Property Law Implied Easements Right of Way Conveyancing Perpetuities

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Gwynfa Myfanwy Adam

Claimant/respondent

Diana Elizabeth Shrewsbury

1st Appellant/defendant

David J Shrewsbury

2nd Appellant/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the claimant acquired an implied right of way over the defendants' land under the conveyance and surrounding circumstances
  2. 2 Whether such a right, if it existed, failed due to the rule against perpetuities

Ratio Decidendi

The claimant did not acquire an immediately enforceable implied right of way over the unconstructed section of the road, as the common intention of the parties was conditional on further development that never occurred. Any conditional right of way failed due to the rule against perpetuities, as more than 21 years had elapsed without the relevant works being carried out.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the claimant's claim to an implied right of way fails.