Roberts v Parker & Anor

Roberts v Parker & Anor

The restrictive covenant in clause 2(a) of the 1968 Transfer was not properly registered and is not binding on the Claimant. The right of way granted by the 1968 Transfer, properly construed, benefits the whole of the Claimant's property including the 'yellow land'. The 1923 right of way was extinguished by abandonment in the 1950/1951 conveyances. The Claimant is not liable for more than nominal damages for the removal of the yew tree.

Parties
Claimant: Jamie Trevor Roberts; First Defendant: Andrew Mark Metson Parker; Second Defendant: Eve Mary Parker
Jurisdiction
England and Wales
Judgment Date
21 May 2018
Procedural Posture
Civil Property Dispute / Trial Judgment
Outcome
Claim allowed in part; restrictive covenant not binding; right of way established; only nominal damages for yew tree removal.
Legal Topics
Right of Way, Restrictive Covenants, Land Registration, Easements, Damages for Trespass
Property Law Land Law Right of Way Restrictive Covenants Land Registration Easements Damages for Trespass

Case Brief

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Parties

Jamie Trevor Roberts

Claimant

Andrew Mark Metson Parker

First Defendant

Eve Mary Parker

Second Defendant

Procedural Posture

Civil Property Dispute / Trial Judgment

Legal Issues

  1. 1 Whether the Claimant has a right of way from the Defendants' private road to the whole of his back garden or only part of it
  2. 2 Whether the Claimant is bound by a restrictive covenant not to build on the land in question
  3. 3 Whether the Claimant is liable for damages for cutting down a yew tree

Ratio Decidendi

The restrictive covenant in clause 2(a) of the 1968 Transfer was not properly registered and is not binding on the Claimant. The right of way granted by the 1968 Transfer, properly construed, benefits the whole of the Claimant's property including the 'yellow land'. The 1923 right of way was extinguished by abandonment in the 1950/1951 conveyances. The Claimant is not liable for more than nominal damages for the removal of the yew tree.

Court Disposition

Claim allowed in part; restrictive covenant not binding; right of way established; only nominal damages for yew tree removal.

Orders

  • Restrictive covenant in clause 2(a) of the 1968 Transfer is not binding on the Claimant.
  • Claimant entitled to right of way over the private road for the benefit of the whole property including the 'yellow land'.