Goodman & Ors v Elwood

Goodman & Ors v Elwood

The appellants are contractually and equitably liable to contribute to the maintenance costs of Roadway 4 as per the original covenants and benefit and burden principle, but liability does not extend to the additional 1m strip and street lights added after acquisition, as no right of way was granted over these improvements.

Parties
Appellant/defendant: Frank Robert Goodman; Appellant/defendant: Michael Stephens; Appellant/defendant: M & R Property Holdings Limited; Respondent/claimant: Brendan Elwood
Jurisdiction
England and Wales
Judgment Date
04 September 2013
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Positive Covenants, Benefit and Burden Principle, Maintenance Contributions, Conveyancing, Land Registration
Property Law Equity Contract Law Positive Covenants Benefit and Burden Principle Maintenance Contributions Conveyancing Land Registration

Case Brief

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Parties

Frank Robert Goodman

Appellant/defendant

Michael Stephens

Appellant/defendant

M & R Property Holdings Limited

Appellant/defendant

Brendan Elwood

Respondent/claimant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether original purchasers are contractually liable under covenants to contribute to maintenance of Roadway 4
  2. 2 Whether liability extends under the equitable benefit and burden principle
  3. 3 Whether liability includes maintenance of an extra 1m strip and street lights added post-acquisition

Ratio Decidendi

The appellants are contractually and equitably liable to contribute to the maintenance costs of Roadway 4 as per the original covenants and benefit and burden principle, but liability does not extend to the additional 1m strip and street lights added after acquisition, as no right of way was granted over these improvements.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Appeal allowed regarding scope of obligation to contribute to maintenance of additional 1m strip and street lights
  • Appeal dismissed regarding liability to contribute to maintenance of Roadway 4