Valentine v Allen & Ors

Valentine v Allen & Ors

The appellant is estopped, by proprietary estoppel and estoppel by convention, from denying the existence of rights of way over his land as shown on the Newton plan, as all parties to the development acted on the common assumption that such rights existed, and it would be unconscionable to allow the appellant to assert otherwise.

Parties
Appellant: Alan Valentine; First Respondent: Kevin Allen; Second Respondent: Simon John Nash; Third Respondent: Alison Nash
Jurisdiction
England and Wales
Judgment Date
04 July 2003
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Easements, Proprietary Estoppel, Rectification of Title, Trespass, Estoppel by Convention
Land Law Equity Easements Proprietary Estoppel Rectification of Title Trespass Estoppel by Convention

Case Brief

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Parties

Alan Valentine

Appellant

Kevin Allen

First Respondent

Simon John Nash

Second Respondent

Alison Nash

Third Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the appellant is estopped from denying rights of way over his land as shown on the Newton plan
  2. 2 Whether equitable easements arose by proprietary estoppel or estoppel by convention
  3. 3 Whether the deeds of grant were effective to create easements over land not owned by the grantors

Ratio Decidendi

The appellant is estopped, by proprietary estoppel and estoppel by convention, from denying the existence of rights of way over his land as shown on the Newton plan, as all parties to the development acted on the common assumption that such rights existed, and it would be unconscionable to allow the appellant to assert otherwise.

Court Disposition

Appeal dismissed

Orders

  • Declaration that respondents enjoy equitable easements of way over the relevant land upon payment of £6,630 within twelve months
  • Damages of £200 for past trespass and £3,500 in lieu of injunction for future trespass awarded to Mr Allen against Mr Valentine