Manor Farm Barns (Essington) Ltd v Clair

Manor Farm Barns (Essington) Ltd v Clair

The right of way granted to the appellant is limited to that part of the shared driveway leading up to the gates as shown on the plan, and does not extend beyond the gates. The language of the transfer, the plan, and the background facts support this construction. There is no basis for departing from the express wording or for constructive interpretation to extend the right of way further.

Parties
Claimant / Respondent: Manor Farm Barns (Essington) Limited; Defendant / Appellant: Stephen John Clair
Jurisdiction
England and Wales
Judgment Date
13 November 2020
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Right of Way, Interpretation of Conveyance, Easements, Land Transfer, Construction of Contracts
Property Law Right of Way Interpretation of Conveyance Easements Land Transfer Construction of Contracts

Case Brief

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Parties

Manor Farm Barns (Essington) Limited

Claimant / Respondent

Stephen John Clair

Defendant / Appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 What is the extent of the right of way granted to the appellant under the transfer?
  2. 2 Should the right of way be construed as extending over the whole of the blue area or only up to the gates as shown on the plan?
  3. 3 Did the trial judge err in his construction of the right of way clause?

Ratio Decidendi

The right of way granted to the appellant is limited to that part of the shared driveway leading up to the gates as shown on the plan, and does not extend beyond the gates. The language of the transfer, the plan, and the background facts support this construction. There is no basis for departing from the express wording or for constructive interpretation to extend the right of way further.

Court Disposition

Appeal dismissed