Manor Farm Barns (Essington) Ltd v Clair [2020] EWHC 3030 (QB) (13 November 2020)

Manor Farm Barns (Essington) Ltd v Clair [2020] EWHC 3030 (QB) (13 November 2020)

The right of way granted to the Appellant under the Transfer is limited to that part of the Shared Driveway which leads up to the gates shown on the plan and no further. This construction is consistent with the language of the Transfer, the plan, and the background facts. There is no basis for disregarding the word 'part' or extending the right of way beyond the gates. The Judge's construction was correct both as a matter of law and fact.

Citation
[2020] EWHC 3030 (QB)
Parties
Claimant / Respondent: Manor Farm Barns (Essington) Limited; Defendant / Appellant: Stephen John Clair
Jurisdiction
England and Wales
Judgment Date
13 November 2020
Procedural Posture
Civil Appeal / High Court Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Interpretation of Conveyance, Right of Way, Easements, Land Transfer, Contractual Construction
Property Law Interpretation of Conveyance Right of Way Easements Land Transfer Contractual Construction

Case Brief

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Parties

Manor Farm Barns (Essington) Limited

Claimant / Respondent

Stephen John Clair

Defendant / Appellant

Procedural Posture

Civil Appeal / High Court Appeal From County Court Judgment

Legal Issues

  1. 1 What is the extent of the right of way granted to the Defendant/Appellant under the Transfer?
  2. 2 Should the right of way be construed as extending over the whole of the area coloured blue on the plan, or only up to the gates?

Ratio Decidendi

The right of way granted to the Appellant under the Transfer is limited to that part of the Shared Driveway which leads up to the gates shown on the plan and no further. This construction is consistent with the language of the Transfer, the plan, and the background facts. There is no basis for disregarding the word 'part' or extending the right of way beyond the gates. The Judge's construction was correct both as a matter of law and fact.

Court Disposition

Appeal dismissed

Orders

  • Counterclaim remains dismissed
  • No change to County Court orders regarding damages and injunction