ETG Developments Ltd v Noah

ETG Developments Ltd v Noah

Clause 13.2.1 of the transfer only grants a right of way by foot over the communal courtyard and amenity areas, not a vehicular right of way. The evidence and plans indicate the area was intended as a pedestrianised communal space, not as an access road. There was no agreement for a second parking space.

Parties
Appellant: ETG Developments Ltd; Respondent: Noah
Jurisdiction
England and Wales
Judgment Date
26 February 2008
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Conveyancing, Easements, Construction of Grant, Right of Way, Specific Performance
Property Law Conveyancing Easements Construction of Grant Right of Way Specific Performance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

ETG Developments Ltd

Appellant

Noah

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondent enjoys a vehicular right of way over the communal courtyard under clause 13.2.1 of the transfer
  2. 2 Whether extrinsic evidence is admissible to construe the grant
  3. 3 Whether there was an agreement for a second parking space

Ratio Decidendi

Clause 13.2.1 of the transfer only grants a right of way by foot over the communal courtyard and amenity areas, not a vehicular right of way. The evidence and plans indicate the area was intended as a pedestrianised communal space, not as an access road. There was no agreement for a second parking space.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed. No declaration or injunction granted.