Rysaffe Trustee Company (CI) Ltd & Anor v Ataghan Ltd & Ors

Rysaffe Trustee Company (CI) Ltd & Anor v Ataghan Ltd & Ors

The 1958 agricultural tenancy over Part OS 50 was surrendered by operation of law by 1990 when quarrying commenced and agricultural use ceased, or at the latest by the 2000 arbitration award, and the Defendants are estopped from denying the Claimants' entitlement to possession. There are appurtenant to Part OS 50 two rights of way: one 16 feet wide to the south via OS 59, and one to the east, both impliedly reserved or granted by the relevant conveyances, based on the common intention of the parties and the necessity for reasonable enjoyment of the land.

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
Civil (land/trusts) / Judgment After Trial of Preliminary Issues
Outcome
Judgment for the Claimants on all preliminary issues
Legal Topics
Surrender of Tenancy, Implied Easements, Issue Estoppel, Right of Way, Arbitration Award Effect
Land Law Trusts Agricultural Tenancies Surrender of Tenancy Implied Easements Issue Estoppel Right of Way Arbitration Award Effect

Case Brief

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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

Civil (land/trusts) / Judgment After Trial of Preliminary 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 1958 agricultural tenancy over Part OS 50 was surrendered by operation of law by 1990 when quarrying commenced and agricultural use ceased, or at the latest by the 2000 arbitration award, and the Defendants are estopped from denying the Claimants' entitlement to possession. There are appurtenant to Part OS 50 two rights of way: one 16 feet wide to the south via OS 59, and one to the east, both impliedly reserved or granted by the relevant conveyances, based on the common intention of the parties and the necessity for reasonable enjoyment of the land.

Court Disposition

Judgment for the Claimants on all preliminary issues

Orders

  • Declaration that the Claimants are entitled to possession of Part OS 50
  • Declaration that the Claimants became entitled to possession by 19 March 1990, or at latest by 14 August 2000