Crane Road Properties Llp v Hundalani & Ors

Crane Road Properties Llp v Hundalani & Ors

CRP is only entitled to recover 50% of the actual costs of repair and resurfacing works to the extent that such works constitute repair and maintenance as contemplated by the 1979 Transfer, and not for improvements or notional costs. The Hundalanis are not liable for the cost of removing fly-tipped rubbish or for the installation of gates, as these do not fall within the covenant and/or were not reasonably incurred. The Hundalanis consented to the footpath and realignment, or are estopped from objecting, and in any event, there was no actionable interference with their right of way.

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) / Predecessor in Title: Slough Industrial Estates Limited (formerly Ravenseft Industrial Estates Limited); Defendant (second Action) / Predecessor in Title: LS Portfolio Investments Limited
Jurisdiction
England and Wales
Judgment Date
28 July 2006
Procedural Posture
Civil (property/chancery) / Judgment After Trial
Outcome
Partially allowed (First Action); Dismissed (Second Action)
Legal Topics
Repair and Maintenance Covenants, Right of Way, Nuisance, Estoppel, Damages, Injunctions
Property Law Land Law Easements Covenants Repair and Maintenance Covenants Right of Way Nuisance Estoppel +2 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) / Predecessor in Title

LS Portfolio Investments Limited

Defendant (second Action) / Predecessor in Title

Procedural Posture

Civil (property/chancery) / Judgment After Trial

Legal Issues

  1. 1 Whether CRP is entitled to recover a contribution for repair and resurfacing works under the 1979 Transfer covenant
  2. 2 Whether the cost of removing fly-tipped rubbish is recoverable under the covenant
  3. 3 Whether the cost of installing gates is recoverable

Ratio Decidendi

CRP is only entitled to recover 50% of the actual costs of repair and resurfacing works to the extent that such works constitute repair and maintenance as contemplated by the 1979 Transfer, and not for improvements or notional costs. The Hundalanis are not liable for the cost of removing fly-tipped rubbish or for the installation of gates, as these do not fall within the covenant and/or were not reasonably incurred. The Hundalanis consented to the footpath and realignment, or are estopped from objecting, and in any event, there was no actionable interference with their right of way.

Court Disposition

Partially allowed (First Action); Dismissed (Second Action)

Orders

  • CRP entitled to recover 50% of the actual costs of repair and resurfacing works to the extent they constitute repair and maintenance, excluding improvements and notional costs; parties to agree the sum.
  • CRP not entitled to recover any sum for removal of fly-tipped rubbish.