Allen v George & Anor

Allen v George & Anor

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. The deed identifies the passageway first, and only confers a right to use a vehicle if it can fit on the passageway. There is no right to a wider vehicular access across the front of the house.

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, order of judge below set aside, declaration granted as to the extent of the right of way, costs awarded to respondents.
Legal Topics
Right of Way, Interpretation of Deeds, Easements
Property Law Right of Way Interpretation of Deeds Easements

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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 of the right of way granted by the Deed of Partition dated 22 April 1971 across the front of No 1 The Wray?
  2. 2 Does the right of way include vehicular access wider than the slate path, or is it confined to the flagged path?

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. The deed identifies the passageway first, and only confers a right to use a vehicle if it can fit on the passageway. There is no right to a wider vehicular access across the front of the house.

Court Disposition

Appeal dismissed, cross-appeal allowed, order of judge below set aside, declaration granted as to the extent of the right of way, costs awarded to respondents.

Orders

  • 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.
  • Appellant to pay the respondents' costs, summarily assessed at £6,500 including counsel's fees and VAT.