Davies & Anor v Bramwell & Ors

Davies & Anor v Bramwell & Ors

The parties to the 1976 conveyance had a common intention that the premises would be used for vehicle servicing and repair, including use of the ramp, and a right of way over the blue land was necessary to give effect to that intention for all vehicles the ramp could reasonably accommodate. The express grant over the green land did not preclude an implied grant over the blue land, and the marking of the boundary by white lines indicated a passable, not absolute, barrier.

Parties
First Claimant/appellant: Annette Davies; Second Claimant: Onsite Concrete Limited; First Defendant/respondent: Nigel David Bramwell; Second Defendant/respondent: William Henry David Bramwell; Third Defendant/respondent: William Peter Webb
Jurisdiction
England and Wales
Judgment Date
17 July 2007
Procedural Posture
Civil Appeal / Appeal From Cardiff County Court
Outcome
Appeal dismissed
Legal Topics
Implied Easements, Right of Way, Conveyancing, Common Intention, Boundary Disputes
Property Law Land Law Implied Easements Right of Way Conveyancing Common Intention Boundary Disputes

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Parties

Annette Davies

First Claimant/appellant

Onsite Concrete Limited

Second Claimant

Nigel David Bramwell

First Defendant/respondent

William Henry David Bramwell

Second Defendant/respondent

William Peter Webb

Third Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Cardiff County Court

Legal Issues

  1. 1 Whether the defendants are entitled to a right of way over the claimant's land by implied grant under the 1976 conveyance.

Ratio Decidendi

The parties to the 1976 conveyance had a common intention that the premises would be used for vehicle servicing and repair, including use of the ramp, and a right of way over the blue land was necessary to give effect to that intention for all vehicles the ramp could reasonably accommodate. The express grant over the green land did not preclude an implied grant over the blue land, and the marking of the boundary by white lines indicated a passable, not absolute, barrier.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to be assessed if not agreed
  • Counsel to lodge a draft minute of order