ETG Developments Ltd v Noah [2008] EWCA Civ 259 (26 February 2008)

ETG Developments Ltd v Noah [2008] EWCA Civ 259 (26 February 2008)

The conveyance (TP1) granted only a right of way by foot over the communal courtyard and amenity areas, not a vehicular right of way. The plan and background evidence indicated the area was intended for pedestrian use, and the wording of clause 13.2.1 was clear. No agreement for a second parking space was found. The appeal was dismissed.

Citation
[2008] EWCA Civ 259
Parties
Appellant: ETG Developments Ltd; Respondent: Noah (Pierre Noah)
Jurisdiction
England and Wales
Judgment Date
26 February 2008
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Construction of Conveyance, Easements and Rights of Way, Specific Performance, Declaratory Relief
Property Law Real Estate Construction of Conveyance Easements and Rights of Way Specific Performance Declaratory Relief

Case Brief

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Parties

ETG Developments Ltd

Appellant

Noah (Pierre Noah)

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the respondent has a vehicular right of way over the communal courtyard under the terms of the conveyance (TP1)
  2. 2 Whether there was an agreement for a second parking space
  3. 3 Whether extrinsic evidence is admissible to construe the grant

Ratio Decidendi

The conveyance (TP1) granted only a right of way by foot over the communal courtyard and amenity areas, not a vehicular right of way. The plan and background evidence indicated the area was intended for pedestrian use, and the wording of clause 13.2.1 was clear. No agreement for a second parking space was found. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no declaration or injunction granted to respondent; no specific performance for second parking space