Rysaffe Trustee Company (CI) Ltd & Anor v Ataghan Ltd & Ors [2006] EWHC 2324 (Ch) (08 August 2006)

Rysaffe Trustee Company (CI) Ltd & Anor v Ataghan Ltd & Ors [2006] EWHC 2324 (Ch) (08 August 2006)

The tenancy of Part OS 50 under the 1958 Tenancy was surrendered by operation of law by 1990, when the land ceased to be used for agricultural purposes and was let for quarrying, with the tenant's consent and without objection. The 1977 Memorandum was inchoate and never implemented. The 2000 arbitration award and subsequent conduct confirmed the surrender. The Claimants are entitled to possession of Part OS 50.

Citation
[2006] EWHC 2324 (Ch)
Parties
Claimant: Rysaffe Trustee Company (C. I.) Limited; Claimant: Saffery Trustee Company (C. I.) Limited; Defendant: Ataghan Limited; Defendant: Andrew Thomas Foley; Defendant: Elliott and Sons Limited; Defendant: Nicholas Michael Elliott; Defendant: Stephen James Frederick Elliott
Jurisdiction
England and Wales
Judgment Date
08 August 2006
Procedural Posture
Chancery Division Trial (high Court, England and Wales) / Judgment After Split Trial on Liability Issues
Outcome
Judgment for the Claimants
Legal Topics
Surrender of Tenancy, Agricultural Holdings, Easements and Rights of Way, Estoppel, Family Settlements, Land Registration
Property Law Trusts and Estates Landlord and Tenant Surrender of Tenancy Agricultural Holdings Easements and Rights of Way Estoppel Family Settlements +1 more

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Parties

Rysaffe Trustee Company (C. I.) Limited

Claimant

Saffery Trustee Company (C. I.) Limited

Claimant

Ataghan Limited

Defendant

Andrew Thomas Foley

Defendant

Elliott and Sons Limited

Defendant

Nicholas Michael Elliott

Defendant

Stephen James Frederick Elliott

Defendant

Procedural Posture

Chancery Division Trial (high Court, England and Wales) / Judgment After Split Trial on Liability Issues

Legal Issues

  1. 1 Whether the Claimants are entitled to possession of Part OS 50
  2. 2 When the Claimants became entitled to possession of Part OS 50
  3. 3 Whether there is appurtenant to Part OS 50 a full right of way 16 feet in width between Part OS 50 and the road to the south of Perton Quarry via OS 59 and a full right of way between Part OS 50 and the road to the east of Perton Quarry

Ratio Decidendi

The tenancy of Part OS 50 under the 1958 Tenancy was surrendered by operation of law by 1990, when the land ceased to be used for agricultural purposes and was let for quarrying, with the tenant's consent and without objection. The 1977 Memorandum was inchoate and never implemented. The 2000 arbitration award and subsequent conduct confirmed the surrender. The Claimants are entitled to possession of Part OS 50.

Court Disposition

Judgment for the Claimants

Orders

  • Declaration that the Claimants are entitled to possession of Part OS 50
  • Declaration as to the timing of entitlement to possession (by 1990, at the latest by the 2000 Award)