Baker & Anor v Craggs (Rev 1) [2018] EWCA Civ 1126 (16 May 2018)

Baker & Anor v Craggs (Rev 1) [2018] EWCA Civ 1126 (16 May 2018)

The doctrine of overreaching in section 2(1) of the Law of Property Act 1925 does not apply to the grant of an easement, as it is not a conveyance of a legal estate in land within the meaning of section 1(1); therefore, Mr Craggs' equitable interest in the Farm was not overreached by the grant of the easement to the Bakers, and the Farm is not bound by the right of way.

Citation
[2018] EWCA Civ 1126
Parties
Respondent/claimant: Paul Baker; Respondent/claimant: Jodi Baker; Appellant/defendant: Martin Craggs
Jurisdiction
England and Wales
Judgment Date
16 May 2018
Procedural Posture
Appeal / Court of Appeal (civil Division) on Appeal From High Court (chancery Division, Bristol District Registry)
Outcome
Appeal allowed
Legal Topics
Overreaching, Easements, Registered Land, Equitable Interests, Land Registration, Trusts of Land
Property Law Land Law Overreaching Easements Registered Land Equitable Interests Land Registration Trusts of Land

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Parties

Paul Baker

Respondent/claimant

Jodi Baker

Respondent/claimant

Martin Craggs

Appellant/defendant

Procedural Posture

Appeal / Court of Appeal (civil Division) on Appeal From High Court (chancery Division, Bristol District Registry)

Legal Issues

  1. 1 Does the doctrine of overreaching under section 2(1) of the Law of Property Act 1925 apply to the grant of an easement over land where the equitable interest said to be overreached is not in the easement or the land conveyed with the benefit of the easement, but in the servient tenement?
  2. 2 Can the grant of an easement by a vendor during the registration gap overreach the equitable interest of a purchaser who has completed but not yet registered their title?

Ratio Decidendi

The doctrine of overreaching in section 2(1) of the Law of Property Act 1925 does not apply to the grant of an easement, as it is not a conveyance of a legal estate in land within the meaning of section 1(1); therefore, Mr Craggs' equitable interest in the Farm was not overreached by the grant of the easement to the Bakers, and the Farm is not bound by the right of way.

Court Disposition

Appeal allowed

Orders

  • Declaration made that the Farm is not bound by the right of way granted to the Bakers
  • Necessary alterations to the relevant titles to be made under schedule 4 to the Land Registration Act 2002