Baker & Anor v Craggs

Baker & Anor v Craggs

Mr Craggs was in actual occupation of the relevant land on 20 February 2012, but his rights were overreached and subordinated to the right of way granted in favour of the Baker Barn, so the Farm is bound by the easement.

Parties
Claimant: Paul Baker; Claimant: Jodi Baker; Defendant: Martin Craggs
Jurisdiction
England and Wales
Judgment Date
15 December 2016
Procedural Posture
Civil / Judgment
Outcome
declaratory relief granted; damages awarded; injunction refused
Legal Topics
Actual Occupation, Overriding Interests, Overreaching, Easements, Trusts of Land
Property Law Land Registration Actual Occupation Overriding Interests Overreaching Easements Trusts of Land

Case Brief

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Parties

Paul Baker

Claimant

Jodi Baker

Claimant

Martin Craggs

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Was Mr Craggs in actual occupation of the relevant land on the relevant date?
  2. 2 Was Mr Craggs’ interest overreached?
  3. 3 Should the register be altered if Mr Craggs was in actual occupation and his interest was not overreached?

Ratio Decidendi

Mr Craggs was in actual occupation of the relevant land on 20 February 2012, but his rights were overreached and subordinated to the right of way granted in favour of the Baker Barn, so the Farm is bound by the easement.

Court Disposition

declaratory relief granted; damages awarded; injunction refused

Orders

  • Declaratory relief that the Farm is bound by the right of way granted to the Bakers.
  • Damages of £250 awarded to the Bakers for interference with the easement.