Carpenter & Ors v Calico Quays Ltd & Anor [2011] EWHC 96 (Ch) (27 January 2011)

Carpenter & Ors v Calico Quays Ltd & Anor [2011] EWHC 96 (Ch) (27 January 2011)

The right of way granted by the Deed extends over the full width of the land coloured brown on the Plan (plot 3/14e), including the grass verges, as this reflects the objective intention of the parties, the physical features on the ground at the time of the Deed, and the relationship of the plots as shown on the Plan. The term 'Roadway' as defined in the Deed is not limited to the tarmac surface, and the Plan, though schematic, defines the relevant boundaries for the right of way.

Citation
[2011] EWHC 96 (Ch)
Parties
Claimant/respondent: Alan J Carpenter; Claimant/respondent: Paul Leonard Tudor; Claimant/respondent: APAC Packaging Limited; Claimant/respondent: Merlion Capital Rothley Limited; Defendant/appellant: Calico Quays Limited; Defendant/appellant: Goodman Real Estate Limited
Jurisdiction
England and Wales
Judgment Date
27 January 2011
Procedural Posture
Appeal / Judgment on Appeal From County Court
Outcome
Appeal dismissed
Legal Topics
Right of Way, Easements, Deed Construction, Land Law, Interpretation of Legal Instruments
Property Law Right of Way Easements Deed Construction Land Law Interpretation of Legal Instruments

Case Brief

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Parties

Alan J Carpenter

Claimant/respondent

Paul Leonard Tudor

Claimant/respondent

APAC Packaging Limited

Claimant/respondent

Merlion Capital Rothley Limited

Claimant/respondent

Calico Quays Limited

Defendant/appellant

Goodman Real Estate Limited

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 What is the physical extent (width) of the right of way granted by the Deed dated 15 April 1999?
  2. 2 Does the right of way include only the tarmac surface or also the grass verges?

Ratio Decidendi

The right of way granted by the Deed extends over the full width of the land coloured brown on the Plan (plot 3/14e), including the grass verges, as this reflects the objective intention of the parties, the physical features on the ground at the time of the Deed, and the relationship of the plots as shown on the Plan. The term 'Roadway' as defined in the Deed is not limited to the tarmac surface, and the Plan, though schematic, defines the relevant boundaries for the right of way.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.