Crane Road Properties Llp v Hundalani & Ors [2006] EWHC 2066 (Ch) (28 July 2006)

The Hundalanis are only liable to contribute to the actual costs incurred for works that properly constitute repair, maintenance, or resurfacing of Crane Road, not for notional or hypothetical costs or for costs of upgrading or reconstruction. They are not liable for costs arising from the landowner's own neglect, such as removal of fly-tipped rubbish resulting from leaving the site derelict, nor for the installation of new gates absent agreement. The 2002 works did not entitle the Hundalanis to an injunction, but CRP must remove any part of the footpath that infringes the right of way if so found.

Citation: [2006] EWHC 2066 (Ch)
Parties: Claimant (first Action), Defendant (second Action): Crane Road Properties LLP; Defendant (first Action), Claimant (second Action): Mr Bhagchand Ghanshamdas Hundalani; Defendant (first Action), Claimant (second Action): Mrs Lata Bhagchand Hundalani; Defendant (second Action): Slough Industrial Estates Limited (formerly Ravenseft Industrial Estates Limited); Defendant (second Action): LS Portfolio Investments Limited
Jurisdiction: England and Wales
Judgment Date: 28 July 2006
Procedural Posture: Civil (chancery Division) / Judgment After Trial of Consolidated Actions
Outcome: Partially allowed for both parties; CRP entitled to recover 50% of actual costs of repair and resurfacing works properly classified as such, but not for notional costs, fly-tipping removal, or gates; Hundalanis entitled to relief if right of way is infringed by footpath.
Legal Topics: Repair and Maintenance Covenants, Right of Way, Contribution to Costs, Nuisance, Derogation From Grant

Property Law Land Law Easements Covenants Repair and Maintenance Covenants Right of Way Contribution to Costs Nuisance +1 more

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Parties

Crane Road Properties LLP

Claimant (first Action), Defendant (second Action)

Mr Bhagchand Ghanshamdas Hundalani

Defendant (first Action), Claimant (second Action)

Mrs Lata Bhagchand Hundalani

Defendant (first Action), Claimant (second Action)

Slough Industrial Estates Limited (formerly Ravenseft Industrial Estates Limited)

Defendant (second Action)

LS Portfolio Investments Limited

Defendant (second Action)

Procedural Posture

Civil (chancery Division) / Judgment After Trial of Consolidated Actions

Legal Issues

1 Whether the Hundalanis are liable to contribute to the costs of repair, resurfacing, and maintenance of Crane Road under the 1979 Transfer covenant; whether such liability extends to notional costs or only actual costs incurred; whether the Hundalanis are liable for costs relating to removal of fly-tipped rubbish and installation of security gates; whether the realignment and footpath works infringed the Hundalanis' right of way.

Ratio Decidendi

Court Disposition

Partially allowed for both parties; CRP entitled to recover 50% of actual costs of repair and resurfacing works properly classified as such, but not for notional costs, fly-tipping removal, or gates; Hundalanis entitled to relief if right of way is infringed by footpath.

Orders

CRP to recover 50% of actual costs of repair and resurfacing works (to be agreed or assessed) limited to works properly classified as repair, maintenance, or resurfacing, excluding upgrades and extensions.
CRP not entitled to recover costs for removal of fly-tipped rubbish or installation of gates.