Cook v Bates [2004] EWCA Civ 1771 (26 November 2004)

There are arguable issues regarding abandonment of the right of way, adverse possession, and possibly proprietary estoppel, justifying permission to appeal and an extension of time.

Citation: [2004] EWCA Civ 1771
Parties: Claimant/respondent: Nicola Cook; First Defendant/first Appellant: Derek Bates; Second Defendant/second Appellant: Margaret Bates
Jurisdiction: England and Wales
Judgment Date: 26 November 2004
Procedural Posture: Civil Appeal / Permission to Appeal and Extension of Time Application
Outcome: Permission to appeal and extension of time granted; stay of orders pending appeal; expedition directed.
Legal Topics: Right of Way, Adverse Possession, Proprietary Estoppel, Boundary Disputes, Easements

Property Law Civil Procedure Right of Way Adverse Possession Proprietary Estoppel Boundary Disputes Easements

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Parties

Nicola Cook

Claimant/respondent

Derek Bates

First Defendant/first Appellant

Margaret Bates

Second Defendant/second Appellant

Procedural Posture

Civil Appeal / Permission to Appeal and Extension of Time Application

Legal Issues

1 Whether the right of way with vehicles in favour of No 13 has been abandoned
2 Whether Mr Bates has established a possessory title by adverse possession to land forming part of No 13
3 Whether proprietary estoppel applies to the garage encroachment

Ratio Decidendi

There are arguable issues regarding abandonment of the right of way, adverse possession, and possibly proprietary estoppel, justifying permission to appeal and an extension of time.

Court Disposition

Permission to appeal and extension of time granted; stay of orders pending appeal; expedition directed.

Orders

Permission to appeal granted
Extension of time to appeal granted