Gary David Harry Hambling & Anor v Garry Lawrence Wakerly & Anor

Gary David Harry Hambling & Anor v Garry Lawrence Wakerly & Anor

The express terms of the grant of the easement prohibit the use of the track as a means of access between the cottage and the field. The words of prohibition mean what they say and cannot be interpreted otherwise. There is no scope for ancillary use contrary to the express wording.

Parties
Appellant: Gary David Harry Hambling; Appellant: Kerry Anne Hambling; Respondent: Garry Lawrence Wakerly; Respondent: Jenny Wakerly
Jurisdiction
England and Wales
Judgment Date
21 February 2023
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Easements, Land Registration, Interpretation of Legal Documents
Property Law Easements Land Registration Interpretation of Legal Documents

Case Brief

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Parties

Gary David Harry Hambling

Appellant

Kerry Anne Hambling

Appellant

Garry Lawrence Wakerly

Respondent

Jenny Wakerly

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 What is the true construction of the easement contained in the Land Registry Transfer dated 30 March 2001?
  2. 2 Does the easement permit the Hamblings to pass directly between their cottage and the field over the track?
  3. 3 Is use of the track between the cottage and the field a legitimate ancillary use of the easement?

Ratio Decidendi

The express terms of the grant of the easement prohibit the use of the track as a means of access between the cottage and the field. The words of prohibition mean what they say and cannot be interpreted otherwise. There is no scope for ancillary use contrary to the express wording.

Court Disposition

appeal dismissed