Site Developments (Ferndown) Ltd & Ors v Cuthbury Ltd & Ors

Site Developments (Ferndown) Ltd & Ors v Cuthbury Ltd & Ors

There was no gap between the claimants’ land and Mannings Heath Road; the 1926 and 1927 transfers granted immediate rights of way over the land abutting the transferred plots; any relevant strips either became public highway or were acquired by adverse possession; Cuthbury cannot enforce restrictive covenants or block access/services; claimants are entitled to declarations, possession, damages, and injunctions.

Parties
Claimant: Site Developments (Ferndown) Limited; Claimant: Canford Renewable Energy Limited; Claimant: Stephen Allen; Claimant: David Andrew Parfitt (receiver of the estate of William Edward Charles Knott deceased); Defendant: Cuthbury Limited; Defendant: Derek Simester; Defendant: Avril Simester
Jurisdiction
England and Wales
Judgment Date
13 January 2010
Procedural Posture
Civil / Final Judgment
Outcome
judgment for claimants
Legal Topics
Adverse Possession, Restrictive Covenants, Rights of Way, Public Highway Dedication, Damages, Injunctions
Property Law Land Law Civil Procedure Adverse Possession Restrictive Covenants Rights of Way Public Highway Dedication Damages +1 more

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Parties

Site Developments (Ferndown) Limited

Claimant

Canford Renewable Energy Limited

Claimant

Stephen Allen

Claimant

David Andrew Parfitt (receiver of the estate of William Edward Charles Knott deceased)

Claimant

Cuthbury Limited

Defendant

Derek Simester

Defendant

Avril Simester

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Did the 1926 and 1927 transfers leave a gap between the land transferred and Mannings Heath Road and what rights of way were granted?
  2. 2 Where is the front North Eastern boundary to the Orange Land?
  3. 3 Did SDF acquire ABCD and/or ABE by adverse possession between 1990 and 2002 or at some other time?

Ratio Decidendi

There was no gap between the claimants’ land and Mannings Heath Road; the 1926 and 1927 transfers granted immediate rights of way over the land abutting the transferred plots; any relevant strips either became public highway or were acquired by adverse possession; Cuthbury cannot enforce restrictive covenants or block access/services; claimants are entitled to declarations, possession, damages, and injunctions.

Court Disposition

judgment for claimants

Orders

  • Declaration as to boundaries of Orange, Purple, and Brown Land.
  • Order for CREL to be registered as proprietor of Blue Land.