Allen v George & Anor [2004] EWCA Civ 396 (16 March 2004)

Allen v George & Anor [2004] EWCA Civ 396 (16 March 2004)

The right of way granted by the Deed of Partition is confined to the flagged (slate) path running parallel to the front wall of No 1 The Wray, and does not extend to a wider vehicular access; the physical characteristics and use of the path at the time of the deed are determinative.

Citation
[2004] EWCA Civ 396
Parties
Claimant/appellant: Robert Fenwick Allen; Defendant/respondent: Susan George; Defendant/respondent: Eileen Patricia George
Jurisdiction
England and Wales
Judgment Date
16 March 2004
Procedural Posture
Civil Appeal / Appeal From County Court Decision
Outcome
Appeal dismissed. Cross-appeal allowed.
Legal Topics
Right of Way, Easements, Deed Construction, Land Partition
Property Law Right of Way Easements Deed Construction Land Partition

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Parties

Robert Fenwick Allen

Claimant/appellant

Susan George

Defendant/respondent

Eileen Patricia George

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Decision

Legal Issues

  1. 1 What is the extent and width of the right of way granted by the Deed of Partition dated 22 April 1971 across the front of No 1 The Wray?

Ratio Decidendi

The right of way granted by the Deed of Partition is confined to the flagged (slate) path running parallel to the front wall of No 1 The Wray, and does not extend to a wider vehicular access; the physical characteristics and use of the path at the time of the deed are determinative.

Court Disposition

Appeal dismissed. Cross-appeal allowed.

Orders

  • Order of judge below set aside.
  • Declaration that the claimant's right of way across the front of No 1 The Wray is confined to the flagged path running parallel to the front wall of No 1 The Wray.