Sweet & Anor v Sommer & Anor

The effect of the 1988 transfer was to create, by implied reservation, a vehicular right of way over the Old Forge Yard in favour of Forge Meadow for constructing and using a dwelling-house. Proprietary estoppel also arose, binding successors in title, and the right of way constituted an overriding interest under Rule 258.

Parties: Claimant: Robert Albert Sweet; Claimant: Ann Marie Sweet; Defendant: Elizabeth Sommer; Defendant: Brian Neanor
Jurisdiction: England and Wales
Judgment Date: 25 June 2004
Procedural Posture: Civil / Final Judgment
Outcome: Declarations granted in favour of claimants; injunctive relief awarded; titles to be amended; inquiry as to damages ordered.
Legal Topics: Easements, Rights of Way, Proprietary Estoppel, Land Registration, Conveyancing Mistakes

Property Law Equity Easements Rights of Way Proprietary Estoppel Land Registration Conveyancing Mistakes

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 1

Parties

Robert Albert Sweet

Claimant

Ann Marie Sweet

Claimant

Elizabeth Sommer

Defendant

Brian Neanor

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

1 Whether Forge Meadow enjoys a right of way over the Old Forge Yard
2 Whether the claimants’ portion of the northern field enjoys a right of way over the Old Forge Yard
3 Whether proprietary estoppel binds successors in title

Ratio Decidendi

Court Disposition

Declarations granted in favour of claimants; injunctive relief awarded; titles to be amended; inquiry as to damages ordered.

Orders

Declarations as to rights of way over Old Forge Yard for Forge Meadow and northern field
Injunctive relief against acts of obstruction