Giles v Tarry & Anor

Giles v Tarry & Anor

Permission to appeal is granted as there is a real prospect that the judge erred in finding the use of the right of way and the hovel was in accordance with the conveyance terms.

Source-derived case information.

Parties
Applicant: Giles; Respondent: Tarry and Anr
Jurisdiction
England and Wales
Judgment Date
30 November 2011
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Right of Way, Restrictive Covenants, Easements, Agricultural Use of Land
Property Law Right of Way Restrictive Covenants Easements Agricultural Use of Land

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Parties

Giles

Applicant

Tarry and Anr

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the use of the right of way by Mr Tarry was in accordance with its terms
  2. 2 Whether the use of the hovel by Mr Tarry was in breach of the covenant

Ratio Decidendi

Permission to appeal is granted as there is a real prospect that the judge erred in finding the use of the right of way and the hovel was in accordance with the conveyance terms.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted on the two issues: use of right of way and use of hovel