Hoyl Group Ltd v Cromer Town Council [2015] EWCA Civ 782 (23 July 2015)

Hoyl Group Ltd v Cromer Town Council [2015] EWCA Civ 782 (23 July 2015)

The Court held that Hoyl Group Limited was entitled to a right of way over the garden access by proprietary estoppel. Cromer Town Council, with knowledge of Hoyl's plans and reliance, encouraged Hoyl to proceed with works that were only consistent with such a right. Hoyl acted to its detriment by constructing the...

Source-derived case information.

Citation
[2015] EWCA Civ 782
Parties
Claimant/respondent: Hoyl Group Limited; Defendant/appellant: Cromer Town Council
Jurisdiction
England and Wales
Judgment Date
23 July 2015
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From County Court
Outcome
Appeal dismissed; proprietary estoppel established in favour of Hoyl Group Limited.
Legal Topics
Proprietary Estoppel, Easements, Right of Way, Equitable Remedies
Property Law Equity Proprietary Estoppel Easements Right of Way Equitable Remedies

Source-derived case record

Summary, issues, holding and outcome

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Parties

Hoyl Group Limited

Claimant/respondent

Cromer Town Council

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether Hoyl Group Limited is entitled to a right of way over land owned by Cromer Town Council under the doctrine of proprietary estoppel
  2. 2 Whether Cromer Town Council encouraged or allowed Hoyl Group Limited to believe it had or would have such a right
  3. 3 Whether Hoyl Group Limited acted to its detriment in reliance on that belief

Ratio Decidendi

The Court held that Hoyl Group Limited was entitled to a right of way over the garden access by proprietary estoppel. Cromer Town Council, with knowledge of Hoyl's plans and reliance, encouraged Hoyl to proceed with works that were only consistent with such a right. Hoyl acted to its detriment by constructing the flat and blocking the internal door. It would be unconscionable for Cromer to deny the right of way after encouraging and permitting Hoyl's reliance.

Court Disposition

Appeal dismissed; proprietary estoppel established in favour of Hoyl Group Limited.

Orders

  • Hoyl Group Limited is entitled to a right of way over the garden access by proprietary estoppel.
  • The equity is to be satisfied by a right of way to a new private gate in the wall, with details to be determined as not in issue on appeal.