Centaur Property Estates Limited & Anor v Larry Thornton Scott & Ors

Centaur Property Estates Limited & Anor v Larry Thornton Scott & Ors

The right of way granted to Centaur must be unconditional, reflecting the agreement between the parties, and the defendants are entitled to exclusive parking rights. The form of relief should avoid unnecessary limitations to prevent further disputes. Issues-based costs orders are appropriate given the mixed success of the parties and lack of practicable breakdown of costs.

Parties
Appellant/respondent: Centaur Property Estates Limited; Appellant/respondent: Terence Frederick Blackman; Respondent/appellant: Larry Thornton Scott; Respondent/appellant: Bridget Jones (in her capacity as executrix of the estate of Ernest John Jones Deceased); Respondent/appellant: Advanced Vehicle Alarms Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / Post Judgment Consequential Hearing
Outcome
appeal and cross-appeal allowed in part; sealed order made reflecting revised rights and costs
Legal Topics
Easements, Right of Way, Restrictive Covenants, Costs Orders, Estoppel
Property Law Civil Procedure Easements Right of Way Restrictive Covenants Costs Orders Estoppel

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Parties

Centaur Property Estates Limited

Appellant/respondent

Terence Frederick Blackman

Appellant/respondent

Larry Thornton Scott

Respondent/appellant

Bridget Jones (in her capacity as executrix of the estate of Ernest John Jones Deceased)

Respondent/appellant

Advanced Vehicle Alarms Limited

Respondent/appellant

Procedural Posture

Appeal / Post Judgment Consequential Hearing

Legal Issues

  1. 1 whether the right of parking granted to the defendants is capable of being an easement
  2. 2 whether the right of way granted to Centaur should be unconditional or limited
  3. 3 whether Mr Blackman should have a personal or transferable right

Ratio Decidendi

The right of way granted to Centaur must be unconditional, reflecting the agreement between the parties, and the defendants are entitled to exclusive parking rights. The form of relief should avoid unnecessary limitations to prevent further disputes. Issues-based costs orders are appropriate given the mixed success of the parties and lack of practicable breakdown of costs.

Court Disposition

appeal and cross-appeal allowed in part; sealed order made reflecting revised rights and costs

Orders

  • Defendants granted exclusive right to park on Defendants’ Parking Spaces.
  • Centaur granted unconditional right of way, extended to Mr Blackman.