Alexander v Challenger & Anor

Alexander v Challenger & Anor

The disputed strip did not form part of the large garden devised to William Coates under the 1853 will; the presumption regarding private roadways was rebutted by the express terms of the will and surrounding circumstances; there was insufficient evidence to support an implied grant of easement over the strip.

Parties
Appellant: David Robert James Alexander; Respondent: Paul Challenger; Respondent: Pauline Mary Challenger
Jurisdiction
England and Wales
Judgment Date
27 July 2009
Procedural Posture
Appeal / Judgment on Permission and Substantive Appeal
Outcome
appeal dismissed
Legal Topics
Paper Title, Easements, Implied Grant, Adverse Possession, Boundary Disputes
Property Law Land Registration Paper Title Easements Implied Grant Adverse Possession Boundary Disputes

Case Brief

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Parties

David Robert James Alexander

Appellant

Paul Challenger

Respondent

Pauline Mary Challenger

Respondent

Procedural Posture

Appeal / Judgment on Permission and Substantive Appeal

Legal Issues

  1. 1 Whether the disputed strip of land passed to William Coates under the 1853 will as part of the large garden
  2. 2 Whether the presumption of law regarding private roadways applies to pass the full width of the strip
  3. 3 Whether an easement of right of way exists over the disputed strip under the doctrine of implied grant and Wheeldon v Burrows

Ratio Decidendi

The disputed strip did not form part of the large garden devised to William Coates under the 1853 will; the presumption regarding private roadways was rebutted by the express terms of the will and surrounding circumstances; there was insufficient evidence to support an implied grant of easement over the strip.

Court Disposition

appeal dismissed

Orders

  • Permission to amend paragraph 7 of grounds of appeal granted
  • Permission to appeal granted